Latest 2 Cases: State v. Parrillo (Civil Rights), Woel v. Christiana Trust (Real Estate & Property Law)

A Profile of John J. Gleeson, the Trial Court’s Proposed “Friend Of The Court” in the Michael Flynn Case

JEFFREY MORRIS, RODGER CITRON

Touro law professors Jeffrey B. Morris and Rodger D. Citron conduct a profile of John J. Gleeson, the lawyer and former judge who has been appointed as a “friend of the court” to advise the federal district court on a matter where the U.S. Department of Justice is seeking dismissal of the case against former national security advisor Michael Flynn. Morris and Citron describe Gleeson’s background both on and off the bench and predict that, if given the opportunity to fulfill his role, Gleeson will certainly be fair and proper in determining the proper way to deal with Michael Flynn’s case.

Read More

Is There Any Point in Talking About Trump’s Upcoming Refusal to Leave Office?

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan reiterates his argument that Donald Trump will refuse to leave the White House even if he loses the 2020 election and considers why journalists are only just now beginning to recognize that as a possibility. Buchanan laments the possibility that there is nothing to be done about this existential threat to America’s constitutional democracy.

Read More

State v. Parrillo

Docket: 18-14

Opinion Date: June 2, 2020

Judge: Maureen McKenna Goldberg

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction of one count of felony assault and one count of simple assault, holding that none of the trial justice's rulings challenged on appeal was erroneous. Specifically, the Supreme Court held (1) because Defendant never questioned the trial justice's impartiality when it was appropriate to do so Defendant waived his argument that he was deprived of his right to trial by a neutral and detached arbiter; (2) the trial justice’s finding of guilty beyond a reasonable doubt on each count did not constitute an impermissible pyramiding of inferences; (3) Defendant's argument that he was deprived of his right to fair notice of the crime for which he was convicted and prejudiced by the timing of the introduction of the theory of aiding and abetting was without merit; and (4) because each of the individual allegations of error lacked merit, the cumulative effect doctrine did not apply.

Woel v. Christiana Trust

Docket: 18-347

Opinion Date: June 2, 2020

Judge: Maureen McKenna Goldberg

Areas of Law: Real Estate & Property Law

The Supreme Court vacated the order of the superior court dismissing Plaintiff's complaint against Defendants and declaring that a foreclosure sale of Plaintiff's property was valid, holding that the foreclosure sale was void because the notice of default sent to Plaintiff failed to comply with the terms of the mortgage. In 2007, Plaintiff purchased property and granted a mortgage on the property to secure a loan. In 2014, Plaintiff became delinquent on the mortgage. The mortgagee sent a notice of default and intent to accelerate to Plaintiff. After Plaintiff failed to cure the default, Plaintiff's property was sold at foreclosure sale. Plaintiff filed suit, alleging that the default notice was deficient and thus the foreclosure sale was void. After Defendants' motion for summary judgment was denied, Defendants sought declaratory relief seeking a declaration that the default notice sent to Plaintiff complied with the terms of the mortgage. The trial justice ruled in favor of Defendants. An order then entered dismissing Plaintiff's complaint and declaring the foreclosure sale valid. The Supreme Court vacated the order of the superior court, holding that the default notice failed strictly to comply with the terms of the mortgage, and therefore, Defendants failed to satisfy the condition precedent to a valid foreclosure.