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Monthly Archives: June 2008

Contract – Concrete Mix – Bridge Foundation – Liability Limit (access required)

Although defendant concrete company did not deliver concrete of the strength specified in a contract for construction of a bridge at MeadWestvaco, the parties’ contract conspicuously and expressly limited the company’s liability, the language limiting liability was not unconscionable and ...

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Workers’ Comp – Arising Out Of -Hotel Slip & Fall (access required)

The Court of Appeals affirms an award of workers’ comp benefits to a woman who was, at the time of her fall in the work place, hurrying in order to serve one of employer’s customers and avoid leaving employer’s new ...

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Search & Seizure – Game Warden – Suppression Order – Firearm Charge (access required)

The Court of Appeals upholds a trial court order suppressing a firearm discovered on defendant by a game warden who was conducting a decoy deer operation in Giles County. The commonwealth is barred on appeal from arguing that the game ...

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Criminal – Cocaine Possession – Couch Corner (access required)

There was sufficient evidence to convict defendant of cocaine possession, the Court of Appeals holds, based on the trial court’s belief of an officer’s testimony that he saw defendant insert his hand into the corner of the couch on which ...

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Criminal – Alford Plea – Motion To Withdraw Plea (access required)

A trial court did not abuse its discretion, the Court of Appeals says, in refusing to allow defendant to withdraw his Alford plea to various sexual offenses involving a minor, based on defendant’s claim that he was subjected to “undue ...

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Criminal – Hearsay – Harmless Error – Murder (access required)

At defendant’s trial for first-degree murder and use of a firearm, the trial court’s error of admitting out-of-court statements by two men who identified defendant as the shooter to police, was harmless, the Court of Appeals says. Since no forensic ...

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Administrative – Dentist Discipline – Billing Practices (access required)

A dentist’s billing practice of providing insurance companies with his “usual and customary fee” did not mean he was charging the companies for the subject procedures based on that fee schedule and thereby engaging in deceptive billing practices, and the ...

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Criminal – Carjacking – Other Crimes Evidence (access required)

Where defendant claimed he was just an innocent bystander who had accompanied his friend who committed a carjacking against an elderly woman, the Court of Appeals says the trial court did not err in admitting into evidence defendant’s statement that ...

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Criminal – Request For Counsel – Ambiguous Statement (access required)

A defendant’s statement – 16 pages into an 18-page transcript of his conversation with a detective – “I mean, know what I’m saying until know what I’m saying talk to my lawyer and see what he got to say about ...

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