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Monthly Archives: December 2007

Criminal – Child Sexual Abuse – Confrontation Clause – Closed- Circuit TV (access required)

At defendant’s trial for raping and otherwise sexually abusing his five-year-old daughter, the trial court did not err in excluding evidence of prior accusations that the girl had been sexually abused by other persons, or in allowing the girl and ...

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Domestic Relations – Child Custody – Mom's Abuse Accusations (access required)

A mother who repeatedly made unfounded accusations that father had physically and sexually abused the parties’ young daughter loses custody to the father, who will have sole legal and physical custody of the child, with supervised visitation available to the ...

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Domestic Relations – Divorce – Adultery – Waste (access required)

Although the parties’ daughter later recanted her testimony alleging her mother had an adulterous affair with another man, there was sufficient evidence supporting the allegation to grant husband a divorce on the ground of wife’s adultery. At the outset, the ...

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Domestic Relations – Equitable Distribution – Debt Allocation (access required)

A divorce judge erred in allocating entirely to husband bankruptcy debt incurred by the parties during the marriage and prior to their separation. While admitting that $5,972.38 of the bankruptcy debt was properly allocated as his separate debt, husband asserts ...

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Domestic Relations – Equitable Distribution – Student Husband – Student Loan Income (access required)

A wife’s alleged promise to financially support husband as he attended veterinary school is not enforceable after they separate, but the trial court’s equitable distribution award is remanded for reconsideration of husband’s evidence on income and expenses, as the trial ...

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Search & Seizure – Officer's Flashlight – Plain View (access required)

A police officer who encountered defendant at 8:00 p.m. as part of a group in a parking lot behind a public housing unit did not violate defendant’s Fourth Amendment rights when he used a flashlight to scan defendant and observed ...

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Search & Seizure – Warrantless Entry – Emergency Doctrine – Plain View (access required)

A defendant’s firearm convictions are affirmed despite his contention the trial court should have suppressed evidence found in an unreasonable warrantless entry of his home. We hold the emergency doctrine rendered the officers’ initial entry of defendant’s home reasonable and ...

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