GUILTY NC - Jason Corbett, 39, murdered in his Wallburg home, 2 Aug 2015 #10

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http://www.independent.ie/irish-news/courts/martenscorbett-faces-deadline-in-lawsuit-36067610.html
A first claim seeks in excess of €25,000 (€21,200) for the pain and suffering endured by Mr Corbett and the fact his two children have lost out on his income, protection, care and companionship. It also seeks the cost of his funeral.
The lawsuit alleges Sharon Martens "aided and abetted" in the killing and in the concealment and destruction of evidence. A second claim says the three acted with malice.

I have been searching unsuccessfully for ref to crim case effecting civil case. Will revert if I find it.
 
According to court filings seen by the Irish Independent, separate applications were made earlier this month by Martens-Corbett and her parents for more time to respond to the lawsuit, brought by Mr Corbett's brother-in-law David Lynch as executor of his estate. The applications were granted by Davidson County Superior Court.

Mmmm. I hope this time isn't being used to transfer assets. On the other hand maybe they are hoping for a spike in donations on ME venture. Let's keep an eye on property the next few weeks

Jmo

Sent from my SM-T561 using Tapatalk
http://www.independent.ie/irish-news/courts/martenscorbett-faces-deadline-in-lawsuit-36067610.html
 
Be true said:
According to court filings seen by the Irish Independent, separate applications were made earlier this month by Martens-Corbett and her parents for more time to respond to the lawsuit, brought by Mr Corbett's brother-in-law David Lynch as executor of his estate. The applications were granted by Davidson County Superior Court.

Mmmm. I hope this time isn't being used to transfer assets. On the other hand maybe they are hoping for a spike in donations on ME venture. Let's keep an eye on property the next few weeks

Jmo

Sent from my SM-T561 using Tapatalk
http://www.independent.ie/irish-news/courts/martenscorbett-faces-deadline-in-lawsuit-36067610.html
Click to expand...

That would be considered "fraudulent transfer or conveyance."

https://www.assetprotectionplanners.com/planning/fraudulent-transfer/

Fraudulent Transfer and the Courts
When considering fraudulent transfer, courts will look at the following badges of fraud. They will analyze the facts and consider whether or not the person transferred the assets in a statutorily reasonable timeframe.

If the transferor became insolvent because of the transfer
If they received sufficient consideration in exchange for the transfer
Was the transfer to family, or parties with an insider relationship?
Does the transferor retain possession or benefits of the property?
Did a threat of litigation exist?
What was the financial situation of the debtor at the time of transfer or after transfer?
Was there a cumulative series of transactions after the debtor’s financial difficulties began?
What was the general chronology of events?
Was there secrecy involved in the transaction in question?
Was the transfer a deviation from the usual method or course of business?
 
Am so delighted the Corbett's are filing a civil suit. It's a matter of principle, and a message to others with a sense of entitlement, you can not get away with murder.

However, my concern is the M family has long ago transferred their assets, in anticipation of such action. Many times in this country, winning a civil suit is actually a hollow victory, as you have won the case and feel vindicated, but the parties you have sued do not have the funds in which to pay the damages. Years ago, I filed a claim against a worker, who took my money, but did not complete the job. I won the case easily, and was awarded a $1,200 judgement, but that was the end of it. I never received a penny, and there wasn't any recourse. I hope this won't be the case here.

IMHO
 
Been reading bits & pieces today about Civil Lawsuits and the potential for transfereing assets in anticipation of such a suit. Now as the M's live in Tennessee, I focused on there and it appear that all assets for the previous 4 years that have been transferred can be challenged. Also, there was mention in couple of articles about discharging liability through bankruptcy, it appears that this can be done in some cases but not in the case of a claim of death through a DUI or an intentional act.

https://creditorsrights101.com/tag/fraudulent-transfers/
 
Frizby said:
Been reading bits & pieces today about Civil Lawsuits and the potential for transfereing assets in anticipation of such a suit. Now as the M's live in Tennessee, I focused on there and it appear that all assets for the previous 4 years that have been transferred can be challenged. Also, there was mention in couple of articles about discharging liability through bankruptcy, it appears that this can be done in some cases but not in the case of a claim of death through a DUI or an intentional act.

https://creditorsrights101.com/tag/fraudulent-transfers/
Click to expand...
Well done you Frizby!
 
Frizby said:
Been reading bits & pieces today about Civil Lawsuits and the potential for transfereing assets in anticipation of such a suit. Now as the M's live in Tennessee, I focused on there and it appear that all assets for the previous 4 years that have been transferred can be challenged. Also, there was mention in couple of articles about discharging liability through bankruptcy, it appears that this can be done in some cases but not in the case of a claim of death through a DUI or an intentional act.

https://creditorsrights101.com/tag/fraudulent-transfers/
Click to expand...
Brilliant great to know frizby!

Sent from my SM-T561 using Tapatalk
 
Is a state attorney in USA the same as legal aid here?

Sent from my SM-T561 using Tapatalk
 
Frizby said:
Don't think so, I think it is the same as our DPP office
Click to expand...
https://bustednewspaper.com/case-details-criminal-3302014007448

It's just attorney mentioned here for mm citation is "state" but looking at it now I presume it's not maybe her attorney? the same as legal aid here. If It was it would be unusual seeing as she was financially comfortable. But then again she gave parents address and was registered to Tennessee.

Jmo

Sent from my SM-T561 using Tapatalk
 
Be true said:
https://bustednewspaper.com/case-details-criminal-3302014007448

It's just attorney mentioned here for mm citation is "state" but looking at it now I presume it's not maybe her attorney? the same as legal aid here. If It was it would be unusual seeing as she was financially comfortable. But then again she gave parents address and was registered to Tennessee.

Jmo

Sent from my SM-T561 using Tapatalk
Click to expand...
Was she prosecuted in Forsyth County NC? The DA was a Jim ONeill..

"Forsyth County District Attorney Jim O’Neill is the only current prosecutor among four candidates running for attorney general – a position that’s effectively the state’s top prosecutor.

“North Carolina will be best served by someone who is an actual prosecutor, who has gotten in and tried cases and kept the citizens of North Carolina safe,” O’Neill said. “The other people in this race, combined, do not have the prosecutorial experience I bring to the table.”

Read more here: http://www.charlotteobserver.com/ne...t/election/article62395907.html#storylink=cpy
 
Forsyth County is included in the Winston-Salem, NC Metropolitan Statistical Area, which is also included in the Greensboro-Winston-Salem-High Point, NC Combined Statistical Area.

Adjacent county to Davidson County. Hmmmm...
 
Regarding the question of evidence from the criminal trial, here's a link to a booklet entitled "Civil Justice for Victims of Crime in North Carolina" produced by the National Crime Victim Bar Association
http://victimsofcrime.org/docs/default-source/CJ Brochures/northcarolinaciviljustice.pdf?sfvrsn=2

I haven't read it all yet, but these this looks interesting I think
"XI. DiscoveryAs part of the legal process, each side can ask the other side for information and documents relating to the case. This process is called discovery. Civil discovery involves investigation of the facts of the case, interviewing witnesses, obtaining relevant documents, and questioning parties and other witnesses under oath. The investigation may include a review of police records, informal interviews eye witnesses and photographing the location of the crime. Parties may seek all non-privileged information, even information that will be inadmissible at trial, if that information seems likely to lead to the discovery of admissible evidence."

Also:

"Request for Production of Documents
As with interrogatories, one side can formally requestthe other to produce documents and materials relevantto the case. Generally, the other party must respond to adocument request within 30 days."

Does this mean that all evidence gathered by LE, even that not used in the Criminal Trial, can be used - by either side?
 
stmarysmead said:
Forsyth County is included in the Winston-Salem, NC Metropolitan Statistical Area, which is also included in the Greensboro-Winston-Salem-High Point, NC Combined Statistical Area.

Adjacent county to Davidson County. Hmmmm...
Click to expand...

Yes, you are correct. 160 Panther Creek Court 27107 has a Winston Salem address but is actually in Davidson County.
 
Frizby said:
Items exempt from Civil action in the State of Tennessee

http://policy.mofcom.gov.cn/GlobalL...#tennessee-title-26-chapter-2-part-4-26-2-408
Click to expand...

Confused when reading some of this, mainly regarding the Homestead. Section 26-2-306 appears to exempt the Homestead from any civil or criminal suits, thinking this was weird, I looked into it further and from my reading, the Homestead does have an exemption but only up to a certain value. Now most of what I found related to bankruptcy but some seem to link bankruptcy & civil case. From my reading, the maximum Homestead Exemption is just over $30k however I am not clear if this is only in cases of bankruptcy. It makes no sense if this would be the case.

Trying to get my head around the pension exemptions also.

https://www.tn.gov/assets/entities/tacir/attachments/Tab_6_Homestead_ExemptionREVISED.pdf

From this article, it appears that a wrongful death claim can only be applied for in Tennessee up to one year after the date of death, I believe from previously looking at this that it is two years in NC. As TM & SM lived in Tennessee, this is not a question about the time of filing as the death occurred in NC, but which laws apply to them for what is exempt or not, is it NC or Tennessee. My head is now mush.

http://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-tennessee.html
 
But I don't think a murderer can inherit the "homestead" unless the house was in her name only. I think that is already on the C. Side of the ledger.
 
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