December 24, 2013

Trust, lesser-included-offense opinions filing on Boxing Day

The Supreme Court will file two opinions on Thursday, or, as it’s known in the United Kingdom, Canada, and other countries, Boxing Day.

Boxing DayIn People v. Shockley, which was argued in October, the court will decide whether battery is a lesser included offense of committing a lewd act with a child under 14 years of age.  Shockley is the last case from the October calendar still awaiting an opinion.

Donkin v. Donkin raises two questions:  Did any of the proposed challenges to the disposition of the trust at issue in this case trigger the trust’s no contest clause?  Can a challenge that is founded on an alleged breach of fiduciary duty by a trustee violate a no contest clause?  Donkin was argued in November.

Both opinions can be viewed online Thursday beginning at 10:00 a.m.

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