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Clarkston Legal

Entrapment of A Drunk Vehicle Passenger

This would have made a great appeal had the accused not pled to a lesser charge. A district judge from Brighton accepted a plea from a woman who moved from the passenger seat to the drivers seat of her drunk boyfriend’s truck at the command of a police officer
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Clarkston Legal

Guardianship Bills Seek to Prevent Elder Abuse

An adult guardianship is a probate court proceeding that protects an individual that cannot take care of his own affairs by appointing a fiduciary -a guardian or conservator- to care for the incapacitated individual.
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Clarkston Legal

Student Loans and Divorce

There are two ways we have seen student loan debt affect divorce proceedings. One scenario is where the divorcing spouse, usually a newly-minted professional, has accrued a significant debt balance well into the six-figures; as much as $200,000 in the case of a medical degree.
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Clarkston Legal

Same-Sex Divorce Could Require Moving Out-Of-State

When our SCOTUS recently struck-down the Clinton-era Defense of Marriage Act, and also held that California’s prohibition on same-sex marriage was unconstitutional, proponents of same-sex marriage understandably hailed the decisions as a victory. Now that the dust has began to settle in these seminal cases, some of the fall-out is going to affect the inevitable divorce proceedings arising from failed same-sex relationships.
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Clarkston Legal

Tony Soprano’s Estate Plan

Actor James Gandolfini played New Jersey mob boss Tony Soprano on the long-running HBO series The Sopranos. I was a fan and thus, very disappointed at the news of his early demise.
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Clarkston Legal

Last Words from Death Row

This post is straight from Texas, our most prolific death penalty state. Texas has executed over 800 death row inmates since the SCOTUS ruled in 1976 that the death penalty was not cruel and unusual punishment after all.
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