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    poloboy's Avatar
    poloboy Posts: 2, Reputation: 1
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    #1

    Dec 6, 2008, 09:28 AM
    Illegal wrongful death judgement
    In clackamas county, OR. A limited judgement for apportionment for a wrongful death order was issued four month's prior to any kind of trial or hearing and restitution wasn't ordered until four months after a criminal trial and a civil trial never happened. Does this not violate a persons right to due process? And if so how could you correct the error?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 6, 2008, 09:42 AM
    Quote Originally Posted by poloboy View Post
    In clackamas county, OR. a limited judgement for apportionment for a wrongful death order was issued four month's prior to any kind of trial or hearing and restitution wasn't ordered until four months after a criminal trial and a civil trial never happened. Does this not violate a persons right to due process? And if so how could you correct the error?

    This sounds like homework in light of the "how could you correct the error" question. The board does not do homework.

    If it is not homework, need more info concerning which Courts and exact sequence, motor vehicle accident and so forth.
    poloboy's Avatar
    poloboy Posts: 2, Reputation: 1
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    #3

    Dec 14, 2008, 09:11 PM
    Quote Originally Posted by poloboy View Post
    In clackamas county, OR. a limited judgement for apportionment for a wrongful death order was issued four month's prior to any kind of trial or hearing and restitution wasn't ordered until four months after a criminal trial and a civil trial never happened. Does this not violate a persons right to due process? And if so how could you correct the error?
    This was a Manslaughter case involving a motor vehicle in State court.The exact sequence went like this sept.11,2007 the wrongful death order was issued and American Family Insurance was ordered to pay $50,000 to the parents of Gary Allen.on jan.29,2008 Shelly Uptain was found guilty of Manslaughter in a criminal trial and ordered to pay restitution for court cost's and attorney fee's with know mention of the $50,000 that had already been awarded an was finalized in the court's eyes,on April 28,2008 Shelly was ordered to pay $50,000 restitution without any kind of civil trial or hearing.My question is doesn't Shelly have a right to a civil trial and for a wrongful death order to happen doesn't intent or negligence have to be determined?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Dec 15, 2008, 05:54 AM
    Quote Originally Posted by poloboy View Post
    doesn't Shelly have a right to a civil trial and for a wrongful death order to happen doesn't intent or negligence have to be determined?
    Hello polo:

    Shelly CAN be ordered by the criminal court to pay restitution. That does NOT violate her due process rights.

    She's NOT entitled to a civil trial... As a matter of fact, if ANYBODY is entitled to a civil trial, it would be the vicitims family, and they'd be suing Shelly. I wouldn't be surprised to see a suit like that filed in the near future.

    Would the restitution be subtracted from any judgment they might win?? Maybe.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 15, 2008, 06:21 AM

    You are confusing civil and criminal, in the criminal trial the court can order restitution, this is not part of the civil process.

    The sept 11 date appears to have been a civil court hearing, since wrongful death is normally a civil term.

    It would appear that both a civil and criminal case was done or at leat pleaded to. Unless the insurance company merely paid instead of going to trial in a civil case, and they have that right, you give them that right when you buy the insurance.
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