Tag Archives: No Prejudice

Arbitration – Litigation Activity – No Prejudice – Litigation Expenses & Strategy – Employee Benefit Plans (access required)

Wheeling Hospital Inc. v. The Health Plan of the Upper Ohio Valley Inc. In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive motion, and the hospital plaintiffs did not otherwise show prejudice from delay, their litigation expenses and any revelation of their “litigation strategy.”

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Criminal Practice – Jury & Jurors – Misconduct – No Prejudice – Discussion with Mother (access required)

State v. Elgin Even though, during defendant’s trial, a juror engaged in misconduct by talking to her mother about the trial, (1) the juror did not tell other members of the jury that she discussed the case with her mother; (2) the trial court instructed the jury to determine defendant’s guilt or innocence based on the evidence presented at trial; and...

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Criminal Practice – PCR – Constitutional – Attorneys – Ineffective Assistance – No Prejudice (access required)

Goins v. State Even though plea counsel provided ineffective assistance in failing to properly advise defendant on the law regarding whether a motel owner can freely admit police into a rented room, defendant has failed to prove that this advice was his reason for electing not to go to trial and has thus failed to establish prejudice.

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Criminal Practice – Constitutional – Due Process – Prosecutorial Misconduct – Witness Intimidation – No Prejudice (access required)

State v. Inman Even though the prosecutor intimidated a defense witness, since the witness testified anyway, and especially since the proceeding was before a judge instead of a jury, defendant has not shown that he was prejudiced by the prosecutorial misconduct. We affirm defendant’s sentence of death for murder and two consecutive 30-year sentences for first-degree burglary and first-degree criminal sexual conduct.

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Criminal Practice – Evidence – Hearsay – Officer’s Notes – No Prejudice (access required)

State v. Lindsey Where the state never established a proper foundation to admit into evidence the notes that Lieutenant David Creamer took during defendant’s confession, the notes should not have been admitted into evidence. However, Lt. Creamer was properly allowed to testify about the confession, and defendant’s statement was properly admitted into evidence. Since Lt. Creamer’s notes, his testimony and defendant’s statement were all virtually identical, the admission of Lt. Creamer’s notes was harmless. We affirm defendant’s convictions of armed robbery and assault and battery with intent to kill.

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