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Opinion Digests

Criminal – Drug Possession – PCP (access required)

There was insufficient evidence to convict defendant of possession of PCP found in a container under his bed; other persons had access to this room and left items in it, and another man was seen running from the room as ...

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Domestic Relations – Spousal Support – Property Classification (access required)

A divorce court did not err in awarding spousal support to a wife based on the commissioner’s detailed examination of husband’s and wife’s expenses and needs; nor did the court err in concluding that husband made a gift to wife ...

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Criminal – Cocaine Conspiracy – Circumstantial Evidence (access required)

Defendant’s conviction of conspiracy to distribute cocaine is reversed because the circumstantial evidence presented by the commonwealth did not exclude other reasonable hypotheses that defendant and his alleged cohort had not agreed in advance to distribute cocaine. At best, the ...

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Workers' Comp – 'Employee' – Pre-Employment Road Test (access required)

A claimant is not entitled to benefits because, at the time of his injury, he was still undergoing a “pre-employment road test,” without freight in his truck, without being paid and without having fulfilled certain other conditions of employment. Denial ...

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Domestic Relations – PSA – Personal Property – Videotape Inventory (access required)

A property settlement agreement providing that wife “shall make certain that all items except” certain “personal effects” and “memorabilia” would remain in the marital home means the wife must return to husband nearly 50 items of personal property that he ...

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Workers' Comp – No Evidentiary Hearing – Back Injury – Causation (access required)

The commission did not err in finding no causal connection between claimant’s compensable back injury and the pain in his right testicle in light of medical reports from a spinal surgeon, an orthopedist, a urologist and a neurologist that could ...

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Evidence – Other Crimes – Concealment Of Merchandise (access required)

The commonwealth’s introduction of certified copies of defendant’s two prior convictions for larceny was a necessary element of the charge of concealment of merchandise, third offense, and admitting the convictions was not error. Diaz v. Commonwealth (Willis, for Moon & ...

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Domestic Relations – Entry Of Decree – Notice To Wife (access required)

A wife’s presence, without counsel, at a deposition properly noticed by the husband, and her comments at the depositions were not “tantamount to written notice of appearance” under Supreme Court Rule 1:13, as argued by the wife, and that rule ...

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