Verdict . News

•CFPB filed enforcement action against Draper & Kramer Mortgage for discriminatory lending practices

Regulatory

Jan 17, 2025•4 min read

CFPB Takes Action Against Draper & Kramer for Discriminatory Lending

The Consumer Financial Protection Bureau has taken enforcement action against Draper & Kramer Mortgage Corporation for allegedly engaging in discriminatory lending practices that discouraged homebuyers from seeking mortgages in predominantly Black and Hispanic neighborhoods in the Chicago and Boston metropolitan areas.

•Allegations focus on discouraging mortgage applications in majority-Black and Hispanic neighborhoods

•Supreme Court of Guam affirmed denial of motion to quash grand jury subpoena duces tecum in first-impression case

Dec 31, 2024•4 min read

Supreme Court of Guam

Guam Supreme Court Affirms Grand Jury Subpoena Power in First-Impression Case

The Supreme Court of Guam ruled that the Superior Court properly denied a motion to quash a grand jury subpoena duces tecum, establishing important precedent for grand jury authority in the territory. The decision marks the first time Guam's highest court has addressed fundamental questions about grand jury proceedings.

•Court established that grand juries in Guam operate under presumption of legitimacy, requiring strong showing to challenge authority

•Supreme Court of Guam affirmed AJ Muna Toves' conviction for second-degree robbery with deadly weapon enhancement

Dec 31, 2024•4 min read

Supreme Court of Guam

Guam Supreme Court Affirms Robbery Conviction in People v. Toves

The Supreme Court of Guam has upheld the conviction of AJ Muna Toves for second-degree robbery with a deadly weapon enhancement. The court rejected Toves' arguments that insufficient evidence supported his conviction and that the jury should have been instructed on attempted robbery as a lesser included offense.

•Court rejected arguments that insufficient evidence supported conviction and that jury should have received attempted robbery instruction

•Court ruled that attorney statements about potential conflicts don't create conflicts but may reveal existing ones

Aug 30, 2024•4 min read

Supreme Court of Kansas

Kansas Supreme Court Affirms Murder Conviction, Sets Jury Instruction Rules

The Kansas Supreme Court affirmed a murder conviction in State v. Z.M., establishing important precedents on conflict of interest standards, aiding and abetting jury instructions, and unanimity requirements in cases with alternative murder theories.

•Affirmed that aiding and abetting instructions don't need to cover every aspect of the doctrine in one discussion

•Defendants who admit to criminal history in presentence reports cannot later challenge those admissions without meeting heightened proof standards

Aug 30, 2024•4 min read

Supreme Court of Kansas

Kansas Supreme Court Sets Criminal History Standards in State v. Daniels

The Kansas Supreme Court ruled in State v. Daniels that defendants who admit to their criminal history in presentence investigation reports cannot later challenge those admissions without meeting a heightened burden of proof. The decision clarifies procedural standards for establishing and challenging criminal history during sentencing.

•Kansas law recognizes two distinct procedural stages for criminal history determination under K.S.A. 21-6814

•Minnesota Supreme Court affirmed district court's unjust enrichment finding in property dispute between former unmarried partners

Minnesota Supreme Court Affirms Unjust Enrichment in Cohabitation Case

The Minnesota Supreme Court affirmed a district court ruling that a property owner would be unjustly enriched if allowed to retain a cabin and furnishings paid for by her former unmarried partner. The July 2024 decision in Hepfl v. Meadowcroft addresses property rights when cohabitating couples separate.

•Case involved cabin and fixtures paid for by one partner during cohabitation on property owned by the other

•Court found no evidence of judicial bias by the district court judge

Minnesota Supreme Court Affirms Conviction in Road Rage Murder Case

The Minnesota Supreme Court rejected multiple appellate claims in State of Minnesota v. Jamal L. Smith, affirming the defendant's conviction for the fatal shooting of Jay Boughton in a road rage incident. The court found no evidence of judicial bias, ineffective counsel, or improper jury composition.

•Defense counsel's failure to move for venue change did not constitute ineffective assistance

•Minnesota Supreme Court reversed recall election for lacking required constitutional allegations

Minnesota Supreme Court Reverses City Council Recall Election

The Minnesota Supreme Court reversed a Columbia Heights city council recall election, ruling that the petition against Kay "KT" Jacobs failed to meet constitutional requirements for alleging malfeasance or nonfeasance.

•Recall petitions must specifically allege malfeasance or nonfeasance under state law

•Minnesota Supreme Court recognized temporary frustration of purpose doctrine as valid under state contract law

Minnesota Supreme Court Clarifies Lease Defense Doctrine in COVID Case

The Minnesota Supreme Court affirmed a lower court ruling in favor of landlord City Center Ventures, LLC against tenant Fitness International, LLC, establishing that the temporary frustration of purpose doctrine can suspend but not discharge commercial lease obligations. The decision provides important guidance on tenant defenses during business disruptions.

•Court ruled tenant lease obligations are suspended, not discharged, during periods of temporary frustration