Elder Justice Prosecutor Samples

Petitioner and Respondent state to Court: certification of rule 16(c) meeting; parties and counsel; nature of case; claims/defenses; undisputed issues/stipulation; disputed issues; requested stipulations; relief sought; citations; pending motions; witnesses; exhibits; deposition testimony; pleadings and discovery responses; demonstrative or physical evidence; videotapes; joint voir dire questions; jury instructions; non-standard jury instructions requested; verdict forms; settlement positions; estimated trial length

Alleges: general negligence; negligence per-se; negligent hiring and selection; negligent training; common law negligent supervision, training and hiring; gross negligence; requests judgment against defendant, compensatory damages, punitive damages, costs

Argues Court must remand case for summary judgment or, in the alternative, discovery and trial on the merits because: dismissal of all counts in amended complaint was in error; contract's terms support appellee's breach of contract; benefits of dubiousness must be given for ambiguous and discretionary contract clauses

Agues Court must reverse order because Lower Court erred granting summary judgment on: borrowers' fraud claims; borrowers' Consumer Protections Procedures Act claims; borrowers' conspiracy claims and association's CPPA claims

Argues Court must reverse trial court decision and dismiss or deny cross-appeal because: citations of law are inapplicable to defective foreclosure notice; Consumer Protection Precedures Act citation is out of date; notice of cross-appeal failed to specify final order for appeal; affiant was not competent for affidavit to be considered for summary judgment; Deed of Appointment was legally insufficient; substitute trustees were not appointed and lacked authority

Argues Court must affirm Superior Court's judgment because: trial court did not err admitting appellant's videotaped interview; trial court did not participate in plea negotiations; trial court's conduct was not judicially vindictive; evidence supported appellant's convictions

Argues Superior Court judgment must be affirmed after case is remanded so trial court can vacate appellant's convictions for second-degree murder, first degree armed burglary and associated PFCV convictions because there was only one killing and robbery was predicate for murder

Argues Court of Appeals must reverse Superior Court judgment and remand case because: Consumer Protection Procedures Act does not require a common law or fiduciary duty; D.C. City Council intended to pass a law broader than common law; Criminal Federal Securities Law does not apply to CPPA; Court erred applying Maryland Law on duty

Argues Court must reverse convictions and remand case for new trial or, in the alternative, remand case for hearing on disqualification factors because: procedures' implementation was prejudicial to appellant's defenses; application of Bethea v. United States denied appellant's rights; appellant was prevented from eliciting expert's opinion; appellant's rebuttal evidence was disallowed; convictions violate appellant's right to bear arms

Alleges unlawful trade practices, violations of District of Columbia Municipal Regulations, breach of contract; requests: recession of contracts; return of all payments; return of all repair and replacement costs; treble damages; interest; punitive damages; or, in the alternative, compensatory, incidential and consequential damages for breach of contract; attorney's fees and costs; jury trial

Alleges vulnerable adult abuse. Affirms allegations and evidentiary information. Order issues arrest warrant (2007)

Alleges criminal neglect of vulnerable adult. Order issues arrest warrant based on affirmation and evidentiary information. Court finds caregiver guilty. Court imposes: 100 days in jail; 5 years supervised probation; defendant cannot be employed by or come in contact with any vulnerable persons; $50 Victims of Violent Crimes Compensation due 6 months after release (2007)

Affirms probable cause to issue arrest warrant for caregiver based on evidentiary information obtained during abuse of a vulnerable adult investigation (2006)

Alleges sexual acts or conduct without vulnerable adults' consent by certified nursing assistant. Affirms evidentiary information. Order issues arrest warrants based on probable cause. Court finds caregiver guilty: 2 counts Attempted Sex Abuse; 2 counts Simple Assault. Court imposes: 200 days consecutive jail time; 3 years concurrent probation; $200 Victims of Violent Crime Compensation due July 5, 2007 (2006)

Alleges criminal theft from senior citizen. Affirms interviews, facts, circumstances. Requests court issue arrest warrant (2005)

Affirms request court issue arrest warrant for caregiver. Court finds caregiver guilty and imposes: 20 day jail sentence; 2 year therapist supervised probation with no vulnerable adult employment; no contact with former facility or employees; $50 Victims of Violent Crime Compensation; $500 fine due 6 months after jail release (2004)

Argues Court must dismiss counterclaims with projudice and declare Delaware Irrevocable Trust valid and enforceable because: Trust was properly created and funded; defendant lacks authority to maintain claims; Connecticut Probate Court lacks jurisdiction over Delaware Trust and assets

Because financial abuse was contested by all four respondents and their position on this motion is unknown, requests Court: substitute estate as party for adjudication; recognize attorney's authority to act on estate's behalf; allow cause of action to continue

Argues Court must deny petition and grant joint tenancy bank accounts with rights of survivorship because: undue influence has not been established; petitioners failed to present evidence power of attorney was misused; estate assets were not improperly seized or disposed

Argues Court must grant opening brief proposal because: deposit accounts were not joint; undue influence was exercised to retitle assets; power of attorney was used improperly; assets were seized and disposed improperly

Alleges fraud, lack of capacity, undue influence, unjust enrichment, and requests Court; deny Will dated April 2, 2014; impose constructive trust over assets; rescind property transfer; order restitution; stay probate proceedings; grant costs and attorney's fees

Requests Court award damages, impose trust or rescissory damages, cause a transferred interests' accounting, assess costs and attorneys' fees against plaintiffs and award interest because plaintiff: breached fiduciary duty; breached trust; wrongfully exercised control over transferred interests; committed elder financial abuse; committed fraud, deceit and fraudulent inducement; intentionally inflicted emotional distress; dispute transferred interests; was unjustly enriched

Petitioners and Respondent state to Court: trial attorneys; nature of action and background; facts admitted without formal proof; issues of fact to be litigated; relief requested; issues of law to be litigated; petitioners' and respondent's witness lists; subpoenas to be issued; joint exhibits with objections; estimated trial length; sequestration request; pretrial evidentiary issues; pleadings to amend; pretrial motions or memoranda; special problems; settlement negotiations certification; trial date

Requests Court: deny motion to stay discovery; grant motion to modify scheduling order; allow summary judgment (2014)

Alleges: fraud; lack of capacity; undue influence; unjust enrichment; requests Court dismiss complaint with prejudice, award counsel fees and costs, grant rescission of property transfer and restitution