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1
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REPLY MEMORANDUM OF LAW ON REMAND
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EXTRACTED KEY WORDS
EVIDENCE COURT DEFENDANT LAWYER SESTAK PARTY DELAWARE ADVERSE INFERENCE ADMISSION AUTHENTICATING CHANCERY LAW SELF AUTHENTICATING CIR DISCOVERY REQUEST OPINION BUSINESS ACCOUNTANT JOSEPH BANK HANDWRITING COMMERCIAL PAPER MEMORANDUM DRAW PLAINTIFF MATTER BACKS ZIMNY |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
INAND FORNEWCASTLE COUNTY
MICHAEL F. DIGIACOBBE, )1
Plaintiff, -.: y-:
; C. A. No.: 14525 ,-- ! I 1
r-,
vs. ,-
;
JOSEPH P. SESTAK, CHESAPEAKE 1 k?
) __ c>
CONSTRUCTION CO, INC. ; I _.-
; / -2
._
Defendants. :~:, --
; ( ij I .
_-c 3 c:
-2 ;' U)
-1.
REPLY MEMORANIXJM OF LAW ON REMAND
I.
The privilege against self incrimination can be claimed in civil
cases; and a court can draw the adverse inference.
The court can draw an adverse inference from Fifth Amendment
silence in civil proceedings. This rule is widely recognized in the
Circuit Courts of Appeal.. La Salle Bank v. Seguban, 54 F.3d 387 (7th
Cir. 1995). The Court in LaSalle cites the Supreme Court in Baxter v.
Palmigiano, 425 U.S. 308 (1976) ("the Fifth Amendment does not forbid
an adverse inference to be drawn in a civil case"). The failure to
testify alone cannot be taken as an admission of guilt without regard
to other evidence, but still the adverse inference can be drawn.
R.A.D. Services 808 F.2d 271, 274-5, 277 (3rd Cir. 1986)
II
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2
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DEFENDANT SESTAKS ANSWERING MEMORANUM ON REMAND FROM SUPREME COURT
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EXTRACTED KEY WORDS
DEFENDANT DEFENDANT SESTAK COURT MASTER EVIDENCE REPORT TRANSCRIPT FINANCES REQUEST CHESAPEAKE EXCEPTIONS CHANCERY MEMORANDUM CONSTRUCTION MONEY TESTIFY BANK REMAND DIGIACOBBE JOSEPH LOST PROFITS ACCOUNT MOTION PICCIRILLI COMPLAINT PARTIES CORPORATE FUNDS WITNESSES PRIVILEGE |
T .!
IN THE COURT OF CHANCERY FOR THE STATE OF DELAWARJ
TN AND FOR NEW CASTLE COUNTY
MICHAEL F. DIGIACOBBE, :
Plaintiff, : - .
: C.A. No.:14525 !T. : ',
-v- : :.'; _
: i. :
JOSEPH P. SESTAK, : ". I t
CHESAPEAKE CONSTRUCTION : :. r
CO, LTD., :
!Defendants. : :I-... r,,
."; L.,
DEFENDANT SESTAK'S ANSWERING MEMORANDUM
ON REMAND FROM THE SUPREME COURT
BY:
Silverman & McDonald
1010 N. Bancroft Parkway
Wilmington, Delaware 19805
(302)888-2900
Counsel for Defendant Sestak
TABLE OF CONTENTS
Page
Nature of the Proceeding 1
Statement of Facts 3
Arguments
Issue I:
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3
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MEMORANDUM OF LAW ON REMAND
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EXTRACTED KEY WORDS
COURT DELAWARE DIGIACOBBE TRANSCRIPT EVIDENCE LAW PLAINTIFF MEMORANDUM BANK FEDERAL RULES JOSEPH FELONY ACCOUNT PERSONAL KNOWLEDGE BUSINESS PAID AUTHENTICATION TESTIMONY CHESAPEAKE CONSTRUCTION LOAN CHANCERY CASTLE COUNTY MICHAEL LIMITATIONS UNIFORM RULES SPECIAL ADVISORY COMMITTEE HEARSAY RULE COMMERCIAL PAPER WIRE TRANSFERS |
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
MICHAEL F. DIGIACOBBE,
Plaintiff,
i C. A. No.: 14525
vs.
1
JOSEPH P. SESTAK, CHESAPEAKE
CONSTRUCTION CO, INC. i>
Defendants.
MEMORANDUM OF LAW ON REMANJI
L Defendant can no lonper claim the privilege against self incrimination.
11 Del. C. $ 841, Theft, is a Class G Felony: "A person is guilty of theft if the person, in
any capacity, legally receives, takes, exercises control over or obtains property of another which
is the subject of the theft, and fraudulently converts same to the person's own use." 11 Del. C. Q
841 (b). The offense is a Class G felony if the value of the property involved is over $1,000.
The statute of limitations for Class B through G felonies is 5 years. 1 I Del. C.
- - 5 205(b)(l)
states: "A prosecution for any felony except murder or any Class A felony, or any attempt to
commit said crimes, must be commenced within 5 years after it is committed."
maintiff Mike DiGiacobbe is competent as a witness to authenticate the checks as
documentary evidence and to establish the events complained of and their results.
Delaware Rule of Evidence 602
Rule 602. Lack of Personal Knowledge.
A witness may not testify to a matter unless evidence is introduced sufficient to
support a finding that he has personal knowledge of the matter. Evidence to prove
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