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Opinion Digests

Bankruptcy – Dischargeability Of Debt – Credit For Foreclosure Bid (access required)

A bank that foreclosed on a hotel construction project must credit the debtor, a commercial real estate developer who personally guaranteed the bank’s letter of credit to finance the hotel project, with $10,000, the amount paid by the bank’s subsidiary ...

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Criminal – Sex With Minor – Evidence Of Marital Status (access required)

A defendant’s conviction of having sexual intercourse with a female under 13 years of age is reversed because the commonwealth failed to show that the victim was not defendant’s wife at the time of the offense. Evidence that defendant was ...

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Domestic Relations – Divorce Decree – Health Insurance Payments (access required)

The husband must continue to pay wife’s health insurance premium where the final divorce decree reduced the amount of spousal support ordered by the Juvenile & Domestic Relations Court, but made no mention of the husband’s obligation to pay insurance ...

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Domestic Relation – Equitable Distribution – Wife's Contributions & Bipolar Disorder (311916) (access required)

Criminal Evidence – Past Recollection Recorded – Police Inventory Lists At defendant’s trial for larceny, a store employee’s identification of stolen items through inventory lists prepared by police based on the employee’s reports was proper testimony under the “past recollection ...

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Domestic Relations – PSA – Wife's Deferred Compensation (access required)

A property settlement agreement’s reference to a $25,000 annual annuity wife was to receive upon retirement from her employer, a company owned by the husband, was not a guaranteed sum, and the company’s payment of an annuity of $12,000 per ...

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Traffic Offenses – Habitual Offender – DMV Transcript (access required)

The Department of Motor Vehicles’ certification of appellant’s driving record contained the necessary copies of the actual abstracts of appellant’s earlier traffic convictions, and the DMV transcript was properly used to adjudicate appellant an habitual offender. Appellant argues that two ...

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Traffic Offenses – Radar Device – Testing Accuracy – Testing Date After First Trial (access required)

Although the tuning-fork certificates attesting to the accuracy of the officer’s radar device were dated six weeks after defendant’s speeding trial in the General District Court, the accuracy of the radar unit was sufficiently demonstrated through the speedometer testing procedure ...

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