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Monthly Archives: August 2007

Criminal – Felon In Possession – Predicate Conviction Evidence (access required)

A defendant’s conviction of possession of a firearm as a convicted felon is affirmed, despite his claim that the trial court erred in admitting into evidence certain exhibits documenting defendant’s predicate conviction. At trial, the prosecution sought to establish defendant’s ...

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Criminal – Probation Violation – Medication Refusal (access required)

Because there is substantial and competent evidence showing that defendant violated his probation by failing to appear for scheduled mental health treatment and making veiled threats against his doctor, the appellate court upholds revocation of defendant’s probation without reaching his ...

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Domestic Relations – Imputed Income – Child Support (access required)

Evidence of husband’s skills and education, and his past and present earnings, including his current decision to work part-time, supported the trial court’s decision to impute income to husband in awarding child support. In determining the parties’ respective child support ...

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Domestic Relations – Spousal Support – Written Findings – 'Contested' Award (access required)

Although wife argues husband’s consent to spousal support for wife relieved the trial court of an obligation to provide written findings supporting its award of $5,000 in monthly support, we reverse the spousal support award because the divorce decree neither ...

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Workers' Comp – Birth Injury Fund – Premature Infant's Death (access required)

In these two related cases, the Court of Appeals affirms the decision of the commission finding that an infant who died shortly after its premature birth, after mother was injured in a motor vehicle accident, does not qualify for inclusion ...

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Workers' Comp – Selective Employment – Refusal – Driving Distance (access required)

A claimant who had been staying in Virginia, 200 miles from his residence in Pennsylvania, to work as a carpenter’s helper cannot cite the distance from his Pennsylvania home as a justifiable reason to refuse selective employment as a punch-out ...

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Criminal – Sentencing – Life Imprisonment – Guideline Factors (access required)

A defendant who was resentenced under U.S. v. Booker on his convictions related to a scheme to recruit his then-girlfriend to falsely testify that a gun found in the van defendant was driving with cocaine was the girlfriend’s gun, loses ...

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