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Opinion Digests

Evidence – Other Crimes – Prior Stabbing Of Victim's Brother (access required)

Evidence that defendant had stabbed the brother of the present stabbing victim 12 years preceding his barroom encounter with this victim was properly admitted at defendant’s trial and his conviction for malicious wounding is affirmed. Evidence of the prior “stabbing” ...

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Workers' Comp – Change In Condition – Limitations (access required)

Although claimant asserts that she returned to the employer a “Supplemental Memorandum of Agreement” for temporary total benefits on Oct. 5, 1993, the evidence indicates employer never received the supplemental memorandum of agreement or the memorandum of fact (which claimant ...

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Workers' Comp – Occupational Disease – Carpal Tunnel (312718) (access required)

The commission erred in relying on the opinion of a treating orthopedist to find that claimant was able to return to her pre-injury work, even though her carpal tunnel symptoms had not abated and she had made reasonable efforts to ...

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Search & Seizure – Defendant's Letters To Witness – Standing (access required)

Although defendant contends police coerced defendant’s friends into turning over letters he had written her advising her how to behave when testifying at his larceny trial, defendant has no standing to challenge police seizure of the correspondence. Since defendant failed ...

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Search & Seizure – Cocaine Seizure – Officer's Stop Of Pedestrian (access required)

A plain-clothes officer who observed defendant exchange money for something on a street corner in an area known for narcotics trafficking nevertheless seized defendant unlawfully when the officer, who was carrying a firearm, followed defendant onto private property and confronted ...

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Domestic Relations – PSA – Child Support – College Payments (access required)

A divorce court erred when it incorporated the parties’ PSA into the final divorce order, while simultaneously ordering husband to pay the statutory-guidelines amount of child support, not the amount of support specified in the PSA. The property settlement agreement, ...

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Criminal – Oral Sodomy – Jury Instruction – Case Headnote (access required)

In defendant’s trial for oral sodomy, a jury instruction taken in part from the Model Jury Instructions and in part from case law “gave undue prominence to the duration of the alleged sexual act” and therefore was erroneous. The instruction ...

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Traffic Offenses – Driving After HO Order – Mitigated Punishment (312798) (access required)

A defendant who pled guilty to driving after having been declared an habitual offender was not entitled to be sentenced, at the commonwealth’s election, under more lenient misdemeanor sentencing provisions that only became effective between the date of the offense ...

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Taxation – Unimproved Land – Mass Appraisal Technique (access required)

A taxpayer’s challenge to his tax assessment for 150 acres of unimproved land is rejected, based on the testimony of the county’s expert regarding the land’s highest use and the county’s use of a mass appraisal technique in creating the ...

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Insurance – General Liability Policy – Contractor's Home Improvements (access required)

A contractor sued by homeowners for improper renovation of their home does not have recourse to his own general liability policy for the homeowners’ contract action. The contractor made a claim against the carrier for coverage of the contract claim ...

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