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The trial court correctly denied the motion to suppress, and the Court of Appeals correctly affirmed that decision.
The judgment of the Court of Appeals upholding the convictions predicated upon the trial courts refusal to suppress of the evidence seized is affirmed. Morgan 08/30/2019 In a case where a nursing assistant molested and raped an 85-year-old resident at a nursing home, the trial court erred in holding, prior to trial (and also by instructing the jury at trial), that the nursing assistant had committed the molestation and rape while acting within the scope of his employment.
Applying the test of reasonable suspicion derived from Terry v.
Ohio, in the totality of circumstances here the evidence shows that the detectives, at the time of the seizure, could have reasonably suspected that defendant was digging and reaching for a weapon inside the car while they shouted 7 to 10 times for him to show his hands.
Further the circuit court did not abuse its discretion in denying the motions for a mistrial and post-trial motions addressing rulings relating to issues of consent, or in failing to instruct the jury that consent was not an issue in the case. The contention that the trial court violated the holding of Batson v. Assuming without deciding that the defendants post-trial argument merely amplified the objection made at trial, it is without merit under the three-step analysis applied to Batson claims, on which the defendant carries the ultimate burden of persuasion to prove the existence of purposeful discrimination.
The judgment is reversed, the compensation award is set aside, and the case is remanded for further proceedings. Stuart (ORDER) 08/29/2019 There was no reversible error in the circuit courts entry of judgment for the plaintiff on a jury verdict in a medical malpractice action.
Defendants proffer of an alleged multi-level hearsay statement does not change this result.