Marriage Law
 
Kimberlee Ann Nelson vs. Lynette Nelson, et al.

The question presented in this case is whether appellant Kimberlee Nelson
(“Kimberlee”) is entitled to the proceeds of a term life insurance policy on her husband
under Minn. Stat. § 518.58, subd. 1a (2014). Prior to his death and after consulting a
lawyer about divorcing Kimberlee, Kimberlee’s husband, Michael Nelson (“Michael”),
changed the beneficiary on the poli

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THE PEOPLE v. STEPHANIE ILENE LAZARUS,

Appellant Stephanie Ilene Lazarus, a 25-year veteran of the Los Angeles Police Department (LAPD), was charged and convicted of first degree murder in the shooting death of Sheri Rasmussen, the wife of appellant’s former lover, John Ruetten. The 1986 crime was not solved until 2009, when a DNA profile obtained from a bite mark on Rasmussen’s arm was matched to appellant. At trial, the prosecu

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COMMONWEALTH vs. CRAIG MULGRAVE

In March, 2012, a Superior Court jury convicted
the defendant, Craig Mulgrave, of murder in the first degree on
the theory of extreme atrocity or cruelty in the stabbing death
2
of his wife, Christina Mulgrave.1 On appeal the defendant
asserts that the judge erred in certain evidentiary rulings that
violated his right to due process under the United States
Con

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DUBOIS et al. v. BRANTLEY et al.

This case presents a question about the qualification of expert witnesses
under OCGA § 24-7-702 (“Rule 702”), specifically, what sort of experience is
required of a practicing surgeon who is offered as an expert witness in a medical
malpractice case to opine that another surgeon breached the applicable standard
of medical care in the course of performing a surgical procedure.

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MICHAEL KONZEN vs. EMALEE GOEDERT

Michael Konzen appeals the district court’s decision, which denied his
petition to modify the physical care provisions of the custodial decree. He
maintains that he should have physical care of his two daughters, while the
mother, Emalee Goedert, should have supervised visitation. At a minimum, he
claims he should not have been ordered to have only supervised visitation. H

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K.N.T., a minor, by MEGAN R. FOX v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY

Eleven-year-old K.N.T. was involved in a serious accident as a passenger
in an all-terrain vehicle (ATV) on a gravel roadway on July 2, 2010. She suffered
a serious head injury and required intensive medical care. She was in the
hospital for twenty-three days and incurred approximately $250,000 in hospital
expenses. The drivers of the two ATVs involved in the accident were u

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ALICE M. SHEA vs. THERESA LORENZ and MARK LORENZ

Alice Shea appeals, and Theresa Lorenz and Mark Lorenz cross-appeal,
the district court’s decision following a bench trial that involved the transfer of
certain investment accounts owned by William (Bill) Lorenz before his death. Bill
was ordered to pay his former spouse, Alice, traditional alimony in the amount of
$2000 per month until her death or remarriage. This alimony

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United States of America v. David Matusiewicz, Lenore Matusiewicz and Amy Gonzalez

WILMINGTON, DE – A federal jury has convicted David T. Matusiewicz, his mother, Lenore Matusiewicz, and his sister, Amy Gonzalez, of interstate stalking and cyberstalking, in violation of federal law. The jury also found all three defendants criminally responsible for the death of Christine Belford, who was murdered in the lobby of the New Castle County Courthouse by co-conspirator Thomas Matu

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FOGE INVESTMENTS, L.L.C. and AJR PEAKVIEW, INC. vs. FIRST NATIONAL BANK OF WAHOO, NEBRASKA

FoGe Investments, LLC, and AJR Peakview, Inc. (together “FoGe”),
appeal from the district court’s decree granting sanctions against it and its
counsel, which included a judgment in favor First National Bank of Wahoo,
Nebraska (First National), as well as monetary sanctions. We conclude that, due
to FoGe’s lack of compliance with the rules of civil procedure, the court

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STATE OF IOWA vs. TROY DANIEL DOWELL

Troy Dowell appeals the extension of a no-contact order. Prior opinions of
this court summarize the background facts and early proceedings. See In re
Marriage of Dowell, No. 13-1281, 2014 WL 6977108, at *1-2 (Iowa Ct. App. Dec.
10, 2014) and Crabb v. Iowa Dist. Ct., No. 13-0814, 2014 WL 5243337, *1-3
(Iowa Ct. App. Oct. 15, 2014). The facts pertinent to this appeal are as fo

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POLLY M. RUHLAND, f/k/a/ POLLY MARIE (MOORE) GRANT v. SUE ELLIOTT and LORENA ELLIOTT, a/k/a LORENA ANNIS

This case arises from a dispute over the ownership of a 5.5-acre tract of real estate in Cloud County. The district court determined that Keith Elliott, who had at one time deeded away the land to his then-wife's daughter, had regained possession of the disputed tract through adverse possession. A panel of the Court of Appeals reversed on the issue subject to our grant of review, concluding that

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THE PEOPLE OF THE STATE OF CALIFORNIA v. ACCREDITED SURETY AND CASUALTY CO., INC.

On the same day in April 2013, Accredited Surety posted two bonds for the release of Cale Brian Maisano, the defendant in two underlying criminal matters (Shasta County case Nos. CRF12-6931 and CRF10-5222). In case No. CRF10-5222, the amount of the bond was $10,000; in case No. CRF12-6931, the amount of the bond was $75,000.2 Maisano failed to appear in court on May 13, 2013, and the trial court

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James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased v. Mary Adams as Independent Executor of the Estate of Bettie Maxey, Deceased

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased appeal from a denial of their contest of the will of Bettie Maxey, who had passed away in 2011. The appellants complain that the evidence
Janes v. Adams Page 2
was legally and factually insuff

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State of Wisconsin v. Fernando Ortiz-Mondragon


¶2 Ortiz-Mondragon argues that the circuit court erred by
denying his motion to withdraw his plea. He argues that he
should be allowed to withdraw his plea on the basis of
ineffective assistance of counsel under Padilla v. Kentucky, 559
U.S. 356 (2010). In Padilla the Supreme Court held that "[w]hen
the law is not succinct and straightforward . . . , a criminal <

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Luis Ramon Morales-Santana aka Louis Morales v. Loretta E. Lynch

32 Luis Ramon Morales‐Santana asks us to review a March 3, 2011
33 decision of the Board of Immigration Appeals (“BIA”) denying his motion to
3
reopen his removal 1 proceedings relating to his claim of derivative
2 citizenship. Under the statute in effect when Morales‐Santana was born – the
3 Immigration and Nationality Act of 1952 (the “1952 Act”) – a c

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STACEY CHAVEZ et al v. 24 HOUR FITNESS USA, INC

Stacey became a member of 24 Hour’s Parkmoor facility on January 3, 2011. On that date, she signed a membership agreement that included a release of liability.2 Under
1 We take the relevant facts from the record that was before the trial court when it ruled on 24 Hour’s motion. (State Dept. of Health Services v. Superior Court (2003) 31 Cal

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ANGELA MARIE COSTANZA v. JAMES D. CALDWELL, ET AL.

In this appeal, the State of Louisiana seeks review of a judgment of the district
court declaring La. Const. Art. XII, § 15, La. Civ. Code art. 86, La. Civ. Code art. 89,
La. Civ. Code art. 3520(B), and Revenue Information Bulletin No. 13-024 (9/13/13)
to be unconstitutional. After the appeal was taken under advisement, the United
States Supreme Court rendered its opinion in Ober

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JULIE A. CARLE, f/k/a JULIE A. STEYH v. WILLIAM T. STEYH

The factual background of this dispute has been described in an earlier opinion
entitled Steyh v. Steyh, 2013 MT 175, 370 Mont. 494, 305 P.3d 50. Therefore, we review
only the factual background of this dispute and refer the reader to Steyhforbroader context.
Steyh, ¶¶ 3-7.
¶4 After less than two years of marriage, Julie Steyh (Julie) filed a pro se dissolution
peti

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CAROLINA ALTAFULLA v. JOHN ERVIN,

Defendant and appellant John Ervin challenges a restraining order issued against
him under the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.; DVPA).1 1 All further statutory references are to the Family Code unless otherwise indicated.
2
He also argues the trial court erred in failing to issue an order restraining his f

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Christian Werner Boehm v. Simone Boehm

Christian Boehm appeals from a final judgment of dissolution of marriage. Mr. Boehm argues that the trial court improperly calculated his child support obligation by finding that Ms. Boehm had a monthly net income of $1328. Ms. Boehm concedes that the child support guidelines worksheet attached to the final judgment did not
accurately reflect her net monthly income. We reverse and remand with

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Robert Michael Ardia v. Sarah Harper Ardis

Robert Ardis appeals a 2013 indirect criminal contempt order and 30-day jail sentence arising from alleged violations of a 2009 protection against domestic violence (DV) order. We reverse and remand because the contempt order and
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sentence were based partly upon charges that the State had nolle processed and the trial court had dismissed, and partly upon incidents occurring after the DV o

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Julie Eldredge v. Karen Taylor

¶1 The only issue presented for this Court's consideration is whether the trial court erred in granting the defendant's motion to dismiss for want of jurisdiction based on the plaintiff's lack of standing. Questions within the issue are (1) whether a person has standing to seek a best-interest-of-the-child hearing when the sole biological parent relinquished some of her parental rights to the per

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LVNV Funding, LLC v. Trice

¶ 1 This appeal comes to us from the circuit court of Cook County, the court having declared sections 4.5, 14, and 14b of the Collection Agency Act (Act) (225 ILCS 425/4.5, 14, 14b (West 2008)) unconstitutional. Following remand from an appellate court decision in which that court held—referencing, inter alia, the Act’s penalty provisions—that “a complaint filed by an unregistered collec

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Lisa Jan Hoedebeck v. Raymond Casey Hoedebeck

¶1 Lisa Jan Hoedebeck, now Shaw, Appellant or Lisa, and Raymond Casey Hoedebeck, Appellee or Raymond, were divorced in August, 1994. In the divorce judgment the court ordered joint custody of the two minor children born of the marriage. The children were to reside with Lisa during the school year, and with Raymond during the summer months. The joint custody plan which was approved by the court co

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The People v. John Lee Cunningham

In a bench trial before the Superior Court of San Bernardino County, defendant John Lee Cunningham was convicted of the first degree murders of Wayne Sonke, David Smith, and Jose Silva. (Pen. Code, §§ 187, subd. (a), 189.1) The trial court found true the special circumstance allegations that defendant committed multiple murders and that the murders of Sonke and Smith took place during the co

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