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Opinion Digests

Criminal (312726) (access required)

Arson Of Motor Vehicle Eyewitness testimony from a person who observed defendant, his wife and another man with a flare gun near the wife’s car, which she had reported stolen, and testimony from a fire investigator on the origin of ...

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Search & Seizure – Auto Stop – Hanging Outside Car – Apparent Intoxication (access required)

A police officer on patrol in crowded traffic during a holiday weekend had “reasonable suspicion” to stop defendant’s vehicle where defendant “was not wearing a seat-belt and appeared to be intoxicated, [and] had his entire upper torso hanging out of ...

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Workers' Comp – Injury By Accident – Conflicting Accounts – Medical Histories (access required)

The commission did not err in considering claimant’s medical histories as party admissions and in resolving the conflicting accounts of how claimant’s back injury occurred against him. Denial of benefits affirmed. Hendricks v. Ridgeway Clocks Co. (Per Curiam) No. 0319-95-4, ...

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Workers' Comp – Attorney's Fee – 'Contested Claim' (access required)

The Workers’ Compensation Commission erred in refusing to award claimant’s counsel an attorney’s fee on the ground that this was not a “contested claim.” When faced with the claim, the employer immediately retained counsel, expressly asserted, then later abandoned, a ...

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