Thank you for sharing!

Your article was successfully shared with the contacts you provided.


Appellant, Melissa Ann Skillern, was convicted by a jury of a single count of misapplication of fiduciary property valued between $20,000 and $100,000 from an elderly person.*fn1 The jury assessed her punishment at fifty-four months’ confinement and a $10,000 fine and recommended that the prison term be suspended. The trial court pronounced the sentence in accordance with the jury’s verdict, suspended appellant’s prison term for ten years, and set the conditions of appellant’s community supervision, which included $24,000 in restitution and 90 days in jail. In twelve issues, appellant asks us to determine whether (1) the trial court erred in not conducting a hearing pursuant to Batson v. Kentucky; (2) the trial court erred in overruling objections to the State’s questions regarding appellant’s attorney-client privileged communications; (3) and (4) the evidence was legally and factually insufficient to prove appellant misapplied greater than $20,000 of fiduciary property when she transferred money from the joint account into her bank account; (5) the trial court violated appellant’s right to present a defense by refusing to allow her to present relevant testimony regarding the nature of the joint account agreement, the authority she had over the complainant’s money, and her character; (6) the trial court erroneously overruled appellant’s objections to the State’s improper jury argument; (7) the trial court erred in refusing a “mistake of fact” instruction; (8) the trial court erred in sustaining the State’s objection to appellant’s definition of recklessness during voir dire; (9) appellant was denied due process and a fair trial due to the prosecutor’s conduct at trial; (10) appellant was denied a fair trial as a result of judicial bias; (11) the trial court erred in failing to refer appellant’s motion to recuse during its consideration of the motion for new trial; and (12) the trial court erred in overruling appellant’s objection to the State’s comment on her Fifth Amendment right to remain silent.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New Jersey Legal Awards (NJLA) 2023

September 27, 2023
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.

Learn More

General Counsel Conference East 2023

October 03, 2023
Brooklyn, NY

General Counsel Conference addresses trends in regulatory, data protection, tech management, legal operations, and leadership.

Learn More

New York Legal Awards (NYLA) 2023

October 05, 2023
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Transactional Intellectual Property / Corporate Lawyer - CT or Remote

We are seeking a lawyer with extensive transactional intellectual property experience to join our corporate practice. Candidates should hav...

Apply Now ›

Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...

Apply Now ›

Labor and Employment Senior Associate or Counsel

Duane Morris LLP seeks a highly motivated senior associate or counsel to join its dynamic and growing Labor and Employment Class Action grou...

Apply Now ›

Chiesa Shahinian & Giantomasi

New Jersey Law Journal


View Announcement ›


New Jersey Law Journal

Riker Danzig deeply mourns the passing of our esteemed partner, dear friend and beloved colleague, Marc D'Angiolillo.

View Announcement ›

Eisenberg, Rothweiler, et.al


Eisenberg Rothweiler

View Announcement ›