And justice for all
Won a hardfought trial Friday: the case of the disinherited convict.
His mother died without a will while he was in prison. His three sisters claimed our client orally disclaimed his share of the real property in his mother's estate. The probate code statute of frauds requires (like any transaction involving real property) that an heir's disclaimer of such an interest be in writing. There was no written disclaimer. But his sisters claimed the defenses of laches, equitable estoppel and partial performance.
The key fact was that he purportedly made his oral disclaimer the month his mother died, but a year later his sister (the personal representative), who was represented by counsel in administration of the estate, listed him as an heir and got a written waiver of notice of probate proceedings from him (while he was still in prison) but no written disclaimer of his interest in the real property. We argued that was strong evidence that there was no oral disclaimer.
We also argued that it was implausible that our client, in prison for most of his adult life as a result of property offenses (burglary, theft, shoplifting) would unilaterally give up his interest in properly valued over $100,000.
It was gratifying that our only fact witness was our client, in prison uniform and shackles. The judge heard his testimony and the testimony of his three sisters (all churchgoing, and one of whom works in the courthouse). And he believed our client. Ironic that the value of the property taken by our "black sheep" client during his criminal career pales in comparison with what his "good" sisters stole from him.
The judge awarded specific performance (transfer of his share of the real property and water rights), or, if the transfer is not made within 60 days, a money judgment. Interesting, too, that the judge at trial had been the prosecutor who last put our client in prison.
But prison this time around has saved his life. His wife and children told him when he went back in that it was his choice: either freedom and family or drugs and prison. He chose his family and it's changed his life. He's gotten his high school diploma, his associate's degree in sociology, and he's a junior working on a BS in psychology (full-time through Utah State University's distance learning program, with a 3.7 GPA). He's also overcome his heroin addiction (the admitted reason for his crimes) by completing a prison drug therapy program called Conquest, and is now a mentor in that program helping other inmates overcome their addictions. He's had 150 urinalysis tests in the past 5 years in prison, and he's been clean on all of them. He's been a model prisoner.
He told us this week as we went over his testimony that all he wanted was justice. He's been on both ends of the justice system. And both ends have served him well. One of the more gratifying cases in my legal career.
His mother died without a will while he was in prison. His three sisters claimed our client orally disclaimed his share of the real property in his mother's estate. The probate code statute of frauds requires (like any transaction involving real property) that an heir's disclaimer of such an interest be in writing. There was no written disclaimer. But his sisters claimed the defenses of laches, equitable estoppel and partial performance.
The key fact was that he purportedly made his oral disclaimer the month his mother died, but a year later his sister (the personal representative), who was represented by counsel in administration of the estate, listed him as an heir and got a written waiver of notice of probate proceedings from him (while he was still in prison) but no written disclaimer of his interest in the real property. We argued that was strong evidence that there was no oral disclaimer.
We also argued that it was implausible that our client, in prison for most of his adult life as a result of property offenses (burglary, theft, shoplifting) would unilaterally give up his interest in properly valued over $100,000.
It was gratifying that our only fact witness was our client, in prison uniform and shackles. The judge heard his testimony and the testimony of his three sisters (all churchgoing, and one of whom works in the courthouse). And he believed our client. Ironic that the value of the property taken by our "black sheep" client during his criminal career pales in comparison with what his "good" sisters stole from him.
The judge awarded specific performance (transfer of his share of the real property and water rights), or, if the transfer is not made within 60 days, a money judgment. Interesting, too, that the judge at trial had been the prosecutor who last put our client in prison.
But prison this time around has saved his life. His wife and children told him when he went back in that it was his choice: either freedom and family or drugs and prison. He chose his family and it's changed his life. He's gotten his high school diploma, his associate's degree in sociology, and he's a junior working on a BS in psychology (full-time through Utah State University's distance learning program, with a 3.7 GPA). He's also overcome his heroin addiction (the admitted reason for his crimes) by completing a prison drug therapy program called Conquest, and is now a mentor in that program helping other inmates overcome their addictions. He's had 150 urinalysis tests in the past 5 years in prison, and he's been clean on all of them. He's been a model prisoner.
He told us this week as we went over his testimony that all he wanted was justice. He's been on both ends of the justice system. And both ends have served him well. One of the more gratifying cases in my legal career.
posted by Barney at 6:29 PM
1 Comments:
Congrats once again. And thank you for giving me the opportunity, a few years ago, to be even a minor bit player in this particular drama.
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