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Further the circuit court did not abuse its discretion in denying the motions for a mistrial and post-trial motions addressing rulings relating to issues of consent, or in failing to instruct the jury that consent was not an issue in the case. The contention that the trial court violated the holding of Batson v. Assuming without deciding that the defendants post-trial argument merely amplified the objection made at trial, it is without merit under the three-step analysis applied to Batson claims, on which the defendant carries the ultimate burden of persuasion to prove the existence of purposeful discrimination.Here, the prosecutor provided a race-neutral explanation for the strike, and the defendants contention that this was mistaken collapses his argument, since a race-neutral explanation cannot at the same time be both an unintentional mistake and a pretextual, purposeful misrepresentation.The room was filthy, the bedding had holes, and the blankets were frayed. I was moved to another room after a late-night check-in.Stay somewhere else.2019-08-19""The motel wasn't fancy, but the room was comfortable, clean, and very adequate. The front desk clerk was welcoming and helpful, and breakfast was more than enough.
The Court of Appeals erred in ruling that the defendants knowing, intelligent, and voluntary guilty plea waived his right to appeal, and in dismissing the case rather than denying the appeal.The trial court correctly denied the motion to suppress, and the Court of Appeals correctly affirmed that decision.The judgment of the Court of Appeals upholding the convictions predicated upon the trial courts refusal to suppress of the evidence seized is affirmed. Morgan 08/30/2019 In a case where a nursing assistant molested and raped an 85-year-old resident at a nursing home, the trial court erred in holding, prior to trial (and also by instructing the jury at trial), that the nursing assistant had committed the molestation and rape while acting within the scope of his employment.The HOAs seasonal lighting guidelines were not enforceable under the HOAs declaration of restrictive covenants.
The judgment and its ancillary award of attorney fees as well as costs are reversed, and the case is remanded for further proceedings consistent with this opinion. Cook 08/23/2019 In a case where final accounts relating to services of a trustee who also served as guardian and conservator for an incapacitated adult were presented for approval by the circuit court prior to review by the local Commissioner of Accounts, and not reviewed by the court thereafter, the judgment is reversed.Applying the test of reasonable suspicion derived from Terry v.