Double Jeopardy: Answers to Six Questions About Donald Trump’s Second Impeachment Trial

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.

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In the Matter of the Estate of Costas E. Pavlou

Court: Supreme Court of Mississippi

Citation: 2020-CA-00010-SCT

Opinion Date: January 14, 2021

Judge: James W. Kitchens

Areas of Law: Civil Procedure, Trusts & Estates

Kenneth Rogers appealed a chancery court order granting authority to the executor of the Estate of Costas E. Pavlou (the estate) to disburse funds to the estate’s attorneys. The chancellor found that Rogers lacked standing to challenge the disbursement because he had not probated a claim against the estate. After review, the Mississippi Supreme Court found it had jurisdiction over the appeal, but Rogers did not designate the documents on which he based his appellate challenge to the chancellor's decision. Because the Supreme Court was unable to review Rogers' arguments due to his not having designated relevant portions of the record, the chancery court order was affirmed.

In re Estate of Brinkman

Court: Nebraska Supreme Court

Citation: 308 Neb. 117

Opinion Date: January 8, 2021

Judge: Lindsey Miller-Lerman

Areas of Law: Trusts & Estates

The Supreme Court affirmed the judgment of the county court determining as a matter of law that testator Michael R. Brinkman's will was ambiguous with regard to the status of his daughter, Nicole Brinkman, and that Nicole was included under the will as a child, an issue, and an heir of Michael, holding that there was no error by the county court. After Michael died, Nicole sought a declaration of her rights under her father's will, claiming that she was entitled to one-half of the residual share of her father's testamentary estate. Michael's son, Seth Michael Brinkman, and the personal representative for the estate claimed that Michael had disinherited Nicole. The county court determined that the will was patently ambiguous with regard to whether Michael specifically intended to disinherit Nicole and that Nicole was entitled to inherit under the provisions of the will. The Supreme Court affirmed, holding that the county court correctly found that Nicole was not disinherited and that she should receive as a child, an issue, and an heir of Michael pursuant to the terms of the will.