Blog Posts in April, 2012
Posted on Apr 25, 2012 By Jerry Wallentine
Other than hearing a verdict in favor of my client, my favorite part of trial is voir dire. This is the jury selection process. As a lawyer, it's my chance to have a conversation with the ...
Continue reading "Is the Jury Selection Process Too Invasive?" »
Posted on Apr 24, 2012 By Jerry Wallentine
From the Wall Street Journal: ALBANY, N.Y. — New York's top court says a divorced Manhattan lawyer is stuck with his losses from an investment with disgraced financier Bernard Madoff that ...
Continue reading "Madoff investment does not reopen divorce settlement" »
Posted on Apr 23, 2012 By Jerry Wallentine
To show transmutation of separate property to marital property requires evidence of owner’s clear intent to contribute the property. Commingling is not enough. Wife’s contributions to ...
Continue reading "Separate Property not Transmuted into Marital Property" »
Posted on Apr 17, 2012 By Jerry Wallentine
New Case Law: CB v. DB Missouri Court of Appeals, Southern District - SD31614 Notwithstanding the fact that the Missouri case law generally states that tax benefits must go to the custodial spouse ...
Continue reading "Awarding Tax Dependencey Credit to non-custodial spouse: No income shown" »
Posted on Apr 16, 2012 By Jerry Wallentine
Two Assistant District Attorneys in Oklahoma were recently fired for allegedly withholding favorable evidence from the defense. The prosecutors' misconduct is known as a Brady Violation. David ...
Continue reading "Prosecutors Fired For Brady Violations" »
Posted on Apr 9, 2012 By Jerry Wallentine
Under § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is ...
Continue reading "Missouri relocation statute requires strict compliance with notice" »
Posted on Apr 4, 2012 By Jerry Wallentine
Under section 455.010(13), "stalking" occurs when any person purposely and repeatedly engages in an unwanted course of conduct that causes alarm to another person when it is reasonable in ...
Continue reading "Mere harrassment insufficient for restraining orders" »
Posted on Apr 3, 2012 By Jerry Wallentine
Should police be able to strip search a person? The Supreme Court thinks so. The United States Supreme Court has now paved the way for the utilization of strip searches by law enforcement when any ...
Continue reading "Supreme Court Allows Strip Searches" »