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Monthly Archives: March 2009

Criminal – Constructive Possession – ‘Mere Proximity’ (access required)

Although defendant was reported to police by his wife as having stolen money from her and having a drug problem, and police found him in a nearby area where drugs were sold, with over $2,000 in cash, defendant could not ...

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Criminal – Carjacking – Fingerprint On Vehicle (access required)

Although a victim who was robbed of his wallet, cell phone, jewelry and car keys at gunpoint did not see defendant and his companion enter the victim’s vehicle and drive away, the vehicle was not there 10 minutes later when ...

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Criminal – Cocaine & Firearm – Identity Theft – Forgery – Alford Plea (access required)

The Court of Appeals affirms defendant’s convictions for cocaine and firearm possession, forgery and felony identity theft, rejecting his claim that the evidence proffered by the commonwealth, even if it was accurate, was insufficient to support the entry of his ...

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Criminal – Sentencing Worksheet – Cocaine Distribution (access required)

Assuming without deciding that the discretionary sentencing guideline worksheet used in defendant’s case contained a calculation error, as he contends, we nevertheless find the trial court did not err in sentencing defendant to 20 years in prison, eight years and ...

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Patient develops paraplegia after abscess not diagnosed – $1,475,000 Settlement (access required)

The plaintiff was a 68-year-old female with a history of chronic urinary tract infection, controlled diabetes, atrial fibrillation and recent lithotripsy and stenting to remove a kidney stone obstruction. She was admitted to the hospital with complaints of left flank ...

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Criminal – Cocaine Distribution – School Property (access required)

Although defendant contends he did not intend to sell the 11 small, plastic baggies of crack cocaine found in his pocket when he was arrested on an outstanding warrant about 100 yards from an elementary school, the Court of Appeals ...

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Large baby suffers brachial plexus injury during delivery: Defense Verdict (access required)

Plaintiff was first seen at defendant’s ob/gyn practice on July 19, 2005 when she was 31 weeks pregnant. Plaintiff had not been followed regularly since her first trimester, when she had been seen by another ob/gyn’s office. Her history was ...

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