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Author Archives: Deborah Elkins

Domestic Relations – Foster Care Plan – Adoption Goal (access required)

The Court of Appeals upholds a trial court decision changing the goal in a foster care plan from return home to adoption, despite a father’s claim that he is now in a better position to comply with the requirements of ...

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Domestic Relations – Custody – Father’s Civil Rights Suit (access required)

At a circuit court proceeding on mother’s petition for sole custody of the parties’ child, the trial court did not err in admitting into evidence information related to father’s pro se civil rights suit in federal court alleging mother conspired ...

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Domestic Relations – Attorney’s Fees – Child Support Reduction (access required)

The Court of Appeals upholds a divorce court decision interpreting the parties’ property settlement agreement to grant wife attorney’s fees if husband sought to lower his child support payment, and rejecting wife’s interpretation that the PSA required husband to pay ...

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Criminal – Home Invasion – Sexual Assault – Guilty Plea Withdrawal (access required)

Although defendant claimed after his plea colloquy that he wanted to withdraw his guilty plea because he did not know at the time that his case was subject to “enhanced guidelines” and that he could be declared a violent sexual ...

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Workers’ Comp – Treatment Authority – Arm Surgery (access required)

The commission did not err in considering evidence from a second physician who began treating claimant after her first physician who performed surgery refused to continue seeing her because her employer was not covering her medical bills, and the Court ...

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Workers’ Comp – Injury – Marketing Residual Work Capacity (access required)

A claimant diagnosed with lumbar degenerative disc disease, lumbar radiculopathy and lumbar spondylosis has failed to prove that his back conditions resulted from an incident in which he bruised his abdomen when he turned over the pallet jack he was ...

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Criminal – Marijuana Conspiracy – Verdict Forms (access required)

The Court of Appeals declines to apply the ends of justice exception to reverse a drug conviction, for error by the trial court in instructing the jury on a charge of possessing marijuana with intent to distribute, but by way ...

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Workers’ Comp – Average Weekly Wage – Strike (access required)

In awarding workers’ comp benefits, the commission did not err in excluding from calculating of claimant’s pre-injury weekly wage weeks the claimant was out on a union strike; in decreasing the number of weeks used for the calculation, the commission ...

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