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Home / 2009 / July (page 10)

Monthly Archives: July 2009

Criminal – Robbery – Victim Testimony – Non-Certified Interpreter (access required)

A defendant who did not object at the preliminary hearing to a deputy acting as an unsworn translator for the Spanish-speaking robbery victim cannot on appeal challenge use of the victim’s preliminary hearing testimony on the ground that the deputy ...

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Domestic Relations – Spousal Support – Husband’s Retirement (access required)

The Court of Appeals says a divorce court did not err in ordering a 71-year-old husband to pay permanent spousal support of $1,650 per month to his 59-year-old wife, even though he claims the spousal support award will prevent him ...

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Criminal – Grand Larceny – Tool Theft (access required)

A trial court could reject as too improbable defendant’s story about how he came to possess a number of tools stolen from the victim’s garage and valued at about $800, some of which were located that same day at a ...

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Criminal – Heroin Capsules In Car – Dominion & Control (access required)

There was sufficient evidence of defendant’s dominion and control of a vehicle and its contents to convict him of possession of 14 heroin capsules found in two clear plastic bags in the open ashtray of his car, of which he ...

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Unemployment Comp – Standing – Multiple Employers (access required)

A woman who sought unemployment compensation after a layoff from Stone Container Corporation, and who quit her job at Lumber Liquidators after a one-day training session, cannot challenge denial of her claim for unemployment compensation on the ground that Lumber ...

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Criminal – Probation Violation – Authenticated Orders (access required)

A trial court did not err in admitting at defendant’s probation violation proceeding court a conviction order stamped “A COPY, TESTE:” with the signature of the court clerk, undersigned by the deputy clerk, as properly authenticated, and the Court of ...

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Criminal – Cocaine Possession – Sufficiency (access required)

Although defendant tried to claim the cocaine police found in his apartment bedroom, when responding to a call from his girlfriend that he had just stabbed her in the leg and assaulted her, did not belong to him, there was ...

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Traffic Offenses – DUI – Reckless Driving – Breath Test Offer (access required)

Admitting at defendant’s trial evidence that he was offered breath tests was harmless error, the Court of Appeals says, as there was overwhelming evidence that defendant drove while intoxicated. The evidence at trial proved that defendant drove his car at ...

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Domestic Relations – Bigamous Marriage – ‘Cure’ – Annulment (access required)

A wife can annul her marriage to her husband two years later where his divorce was not final at the time the parties married; the Court of Appeals says “corrective measures” taken by the wife – persuading the pastor who ...

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Criminal – Obstruction Of Justice – False Name (access required)

A defendant who ran into the woods as police were investigating as stolen the vehicle defendant had been driving, cannot be convicted of obstruction of justice based on his flight and having originally given police a false name; the Court ...

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