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Monthly Archives: July 2009

CRIMINAL – Child Sexual Abuse – Excited Utterance (access required)

The Court of Appeals rejects defendant’s challenge to his conviction of aggravated sexual battery on the ground that the seven-year-old victim’s statements to her mother immediately after the incident were not “excited utterances” because the mother had to “calm down” ...

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TRAFFIC OFFENSES – License Suspension – Notice (access required)

Although defendant testified that he did not know his operator’s license was suspended when he was stopped by police in 2007, the trial court found he was not credible, in light of his DMV record showing that he was notified ...

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DOMESTIC RELATIONS – Termination Of Parental Rights – Neglect & Abuse (access required)

A father who lost his parental rights to his other four children, who repeatedly struck the child’s mother as she held the child, who continued to smoke around the child who had severe asthma, and whose child was developmentally delayed, ...

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WORKERS’ COMP – Worker Misconduct – Benefits Suspension (access required)

An employer gets another chance to argue for suspension of workers’ comp benefits, as the Court of Appeals remands the case for the commission to consider whether claimant’s misconduct was voluntary or involuntary. Employer argues that claimant’s willful preparation and ...

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CRIMINAL – Probation Expiration – Court Costs (access required)

Although defendant’s initial probation period had expired, a trial court had jurisdiction to consider extension of her probation for failure to pay court costs, and jurisdiction to consider her violation of her conditions of probation, the Court of Appeals says. ...

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WORKERS’ COMP – Widow’s Benefits – Sham ‘Green Card’ Marriage Claim (access required)

Although employer contends a worker who died and his wife were in an illegal “sham green-card marriage,” the Court of Appeals rejects employer’s claim that the marriage was “against public policy” and affirms the award of benefits to the worker’s ...

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