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CriminalHabeas Issues to Require Re-Sentencing with Parole Considered United States Constitution requires a sentencing court to consider whether parole should ever be possible for a person under 18 years of age sentenced to life imprisonment. That requirement applies...
AdministrativeNo Contested Case Review for Non-Contested Case Circuit court had no authority over decision under statutes addressing judicial review of a contested case because decision was not the result of a contested case. It was the result of non-contested case...
AdministrativeRecord Required for Review of Contested Case Procedure before agency required a hearing with some degree of formality, so it was a contested case. Judicial review only rarely includes the admission of more evidence. "In the absence of [a] circuit court's...
AppellatePersonal Vindication No Exception to Mootness In juvenile action, circuit court's jurisdiction has "continuing jurisdiction during the adjudication and dispositional phases [but] only as long as the child is in the custody of the division." "In determining...
AdministrativeRegulation Binds Agency Rule published by agency binds agency that published rule. Agency published regulation that the elements of a claim to alter an existing permit, by constructing any water body, include the consent of certain landowners. Agency...
What's new in the Law for the weekADRRams Arbitration Provision Struck in Part Writs of mandamus and prohibition have become nearly indistinguishable, and mandamus is appropriate when no adequate remedy at law is available, and available but wasteful litigation is not...
AdministrativeAttorney Fees Awarded in World Series Ticket Affair Sunshine law allows, but does not require, agency to close records, and no law compels closure of records. No promise of secrecy, and no practice or custom, can trump Sunshine Law. Failure to disclose...
ADRArbitrability Is for the Courts "[P]arties may agree to arbitrate even 'gateway' questions of arbitrability, i.e., 'whether the parties have agreed to arbitrate or whether their agreement covers a particular controversy [.]'" But "unless the parties clearly and...
AppellateBurden of Proof and Deference Explained Statute presumes that all property acquired during marriage is marital, but clear and convincing evidence that property was a gift to one spouse overcomes that presumption. Trier of fact may disbelieve any evidence...
call our officewww.sandiferlaw.net [email protected]CivilTrial De Novo ExplainedAppeal from associate division to circuit court is de novo, so the case is tried anew with no deference to findings of fact or conclusions of law from the previous action. Defendant...
