Elder Justice Prosecutor Samples

Find publicly-filed, sample elder abuse federal and state pleadings and documents. PACER citations have been provided where available.
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Information, 2013, 4 pgs
Indictments & Informations

Charges: Count 1 - larceny of controlled dangerous substance; Charges: Count 2 - distribution of controlled dangerous substance (2013)

Okla. Stat. 63 O.S. §2-403(A) and §2-401(A)(1)

Oklahoma
Other Materials

Argues Court must affirm decisions because: testimony and evidence support appellee's positions; appellant offers no evidence to support various positions

Okla.Sat.tit. 43 §112, §118B, §110

Oklahoma
Other Materials

Argues Court must vacate verdict and counterclaim dismissal, remand for adjudication, and reinstate quit claim deed because: summary judgment was improper; appellee failed to establish deceased was under undue influence, duress, or lacked testamentary capacity to execute trust and deed; appellee failed to establish breach of fiduciary duty; appellant was denied demur to evidence; appellee misrepresented facts and events; testifying physician was never qualified an expert; jury forms and instructions conflicted with case law and trial evidence

Okla.Stat.tit. 12, §2303(2), supra note 17

Oklahoma
Other Materials

Argues Court must reverse order because: appellee's motion to dismiss was erroneously sustained; requirement to attach an affidavit or to provide appellee with expert's written opinion and medical authorization upon request was not in effect when appellant filed petition

Okla.Stat.tit. 12, §2012(B)(6), §19 and 63, §1-1708.1

Oklahoma
Information, 2012, 2 pgs
Indictments & Informations

Charges: Count 1 - abuse by caretaker (2012)

Okla. Stat. 21 O.S. §843.1 and 43A §10-103

Oklahoma
Trial Pleadings

Requests Court deny motion because: defendant is liable for forged drawer signature and indorsements; defendant is liable for tellers ignoring check cashing policies and procedures; Uniform Commercial Codes (UCC) do not preempt facilitating forgery, gross negligence, and bank liability claims; defendant's negligence and failures contribute to Trust losses; UCC impose no duties on Trust to look for forged indorsements; deposit agreement provisions shortening statutory notice period violate state constitution and UCC

Okla.Stat.tit. 12A, §3-104(f), (j), §4-111, §4-406(e), (d), (f), §4-4060(f), §4-103(a), §3-401(a), §3-402, §4-401, §3-406, §3-406(a), (b), (c), (d), (f), §4-406, §4-4060, §3-118(g), §3-420, §3-420(a), (b), §1-103, §9-307.1 et seq., §1-9-320.1, §4-401 et seq., §9-307 et seq., §4-401(a), §3-103(7) and 6, §712, §712(A), (B) and 15 §151 to §157

Oklahoma
Other Materials

Argues Court must reverse verdict because: medical records' stipulation was ignored; testimony regarding medical records via lay person was admitted without expert cross-examination; defendant's bank records were admitted as evidence and exhibit; respondent was disallowed newly discovered evidence; jury instructions were granted over defendant's objection

(Intentionally Left Blank)

Oklahoma
Other Materials

Argues Court must reverse order because: Will did not include an unnamed person; appellant is pretermitted heir

Okla.Stat.tit. 84 §131, §132, §142, §177

Oklahoma
Trial Pleadings

Requests Court deny motion, arbitration, and hearing because: wrongful death, an independent claim, cannot be arbitrated; arbitration agreement was unconscionably executed; defendants acquiesced to state licensure requirements

Okla.Stat.tit. 64, §1-1939(D), (E) and 12, §1051, §1052, §1053 et seq. and 63, §1-1901 et seq., §1-1921(A), (F), §1-1939(A), (B), (D), (E), §1-903(A), §1-906(E)(1), (F)(1), §1-1914.1, §1-1916.2

Oklahoma
Trial Pleadings

Requests Court render summary judgment because: negligence claim lacks causation; punitive damages claim lacks evidence of evil intent or malice; res ipsa loquiturclaim is not supported by evidence the alleged injuries did not occur under ordinary circumstances; two-year statute of limitations applies to breach of contract claim; state law does not recognize negligent infliction of emotional distress claim as separate cause of action

Okla.Stat.tit. 12, §2008(A)(2) and 76, §18

Oklahoma
Other Materials

Argues Court must vacate journal entry judgment, award appellants judgment for breach of contract, cancel appellants' contract for deed obligation, award appellant counterclaim for abuse of process, and remand for damages because none of appellees' causes of action is legitimate basis for taking appellants' home

Okla.Stat.tit. 12, §95(1), §686, §1148.3, §21 and 16, §11A

Oklahoma
Other Materials

Argues Court must deny writ request because: case can be appealed; writs of prohibition are issued only in cases of necessity

Okla.Stat.tit. 12, §100, §2015(A), (C), (C)(1), (C)(2)

Oklahoma
Criminal Case Materials

Affirms nursing home CNA abused vulnerable adult. Requests Court issue warrant for CNA's arrest (2012)

Okla. Stat. 21 O.S. §843.1

Oklahoma
Trial Pleadings

Requests Court grant partial summary judgment because: breach of fiduciary duty is not established; aiding and abetting of breach of fiduciary duty is not shown

Okla.Stat.tit. 12, §2056 and 6, §425 and 60, §175.25(H)

Oklahoma
Trial Pleadings

Requests Court dismiss petition because claims of: payment to imposters, employer's responsibility for fraudulent endorsement by employee allegations, breach of transfer warranties, payment or acceptance by mistake, and common law negligence fail; breach of presentment warranty claims are barred

Okla.Stat.tit. 12, §95, §2012(b)(6) and 12A, §1.103(b), §4-1-5(5), §4-101, §4-207, §4-207(a), §40301, §4-302, §4-302(a)

Oklahoma
First Amended Petition, 2011, 10 pgs
Trial Pleadings

Alleges: Count I - Facilitating Forgery; Count II - Breach of Fiduciary Duty and/or Aiding and Abetting Fiduciary Wrongdoing; Count III - Negligence or Gross Negligence; Count IV - Violation of UCC §4-401/Breach of Contract; Count V - Breach of Implied Covenant of Good Faith and Fair Dealing; Count VI - Violation of Oklahoma Banking Code, 6 O.S. §712; Count VII - Equitable Accounting

Okla.Stat.tit. 6, §712

Oklahoma
Trial Pleadings

Requests Court dismiss claims or, in the alternative, dismiss claims set forth in Counts I through V and dismiss claims in Count VI that rely on forged signature

Okla.Stat.tit. 12, §2056, §2001 and 12A, §4-102, §4-406, §4-101, §4-401(a), §4-208, §4-406(c), (d), (e), (f), §1-102, §1-201(38), §4-103(a) and 6, §712

Oklahoma
Trial Pleadings

Requests Court deny motion because a jury should examine defentant's conduct and determine sufficiency of plaintiff's notice of trust accounts' irregularities

Okla.Stat.tit. 12A, §4-104(9), §3-104(j), §1-103, §4-406(c), (d), (e), (f), §4-111, §3-401(a), §3-402, §4-401, §3-403(a), §1-201(41), §3-406, §3-406(a), (b), (f), §3-118(g), §3-420(a), (b), §1-9-320.1, §3-103(7), §4-401(a), §4-103(a), §4-4060, §4-406, §4-401 et seq. §9-307.1 et seq. and 23, §3, §4, §68.1(A) and 6, §712, §712(A) and 15, §151 to §157

Oklahoma
Other Materials

Argues Court must reverse judgment because: forfiture clauses set forth in decedent's testamentary instruments must be enforced; forefiture clauses disallow distribution to plaintiffs/appellees; failure to enforce forefiture clauses based on probable cause is improper; no stated public policy applies to decedent's forefiture clauses

Okla.Stat.tit. 12, §2011(b) and 84, §44

Oklahoma
Trial Pleadings

Requests Court deny judgment as to residence because: defendant fails to meet burden of proof; genuine issues of material fact exist

Okla.Stat.tit. 60, §175.11, §175.57, §175.65

Oklahoma
Other Materials

Argues property fails to qualify for ad valoremtax exemption

Okla.Stat.tit. 68, §2887(8), (2)(b) and §2405(h), (i), (T)

Oklahoma
Other Materials

Argues Court must reverse judgment and find plaintiff does not qualify for ad valoremtaxation exemption

Okla.Stat.tit. 68, §2887(8), (9) and §2405(h), (i)

Oklahoma
Brief of Appellants, 2010, 15 pgs
Other Materials

Argues Court must reverse decision because: trustee may only be compensated for actions and services in Trust's benefit; there is no contract for services between Trustor and Trustee; absent an agreement, attorney-in-fact may not pay for Trust services from principal's funds; incapacitated ward of court lacks legal capacity to contract for services; good faith or reliance on counsel's advice are invalid defenses; claim for services is unreasonable

Okla.Stat.tit. 60, §175.2, §175.48 and 58, §1081 and 30, §1-11(A)(12)

Oklahoma
Answer Brief of Appellee, 2010, 15 pgs
Other Materials

Argues Court must affirm appeal because: contract and basis of compensation are established; compensation for services is due; basis in fact and application of law fail; facts presented are faulty

Okla.Stat.tit. 60, §175.23, §175.23A, B, C, E, §175.9, §175.11, §175.12, §175.13, §175.48, §175.57E, D and 30, §1-111.A.13, .7, .12, .12.b, §3-219

Oklahoma
Trial Pleadings

Requests Court deny motion because: a jury must decide whether a condition is open and obvious; defendant's possession and control of premises ascribes liability

Okla.Stat.tit. 23 §12

Oklahoma

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