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Opinion Digests

Evidence – Other Crimes – Prior Undercover Drug Sale (access required)

Evidence of a March 4 cocaine sale to an undercover agent was admissible at defendant’s trial for a March 18 cocaine sale to the same agent, and his cocaine distribution conviction is affirmed. To establish defendant’ guilt, the commonwealth was ...

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

Despite wife’s claims to the contrary, the trial court’s equitable distribution award adequately considered not only wife’s monetary and nonmonetary contributions to the marriage, but also took into account wife’s bipolar disorder and need for medication and other treatment. While ...

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Domestic Relations – Equitable Distribution – Husband's Pension (access required)

The trial court did not err in giving husband a lump-sum monetary award that credited him for mortgage payments on jointly owned marital property and that did not account for rents husband received on property the couple owned as tenants ...

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Traffic Offenses – Habitual Offender – Filing Information 'Forthwith' (access required)

Although the driving record certification relied on by the commonwealth in beginning an habitual offender proceeding originally was filed in November 1993, the commonwealth’s delay in filing its information did not prejudice the respondent and his HO adjudication is upheld. ...

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Criminal – Concealed Weapon – Hiding Gun Under Leg (access required)

A defendant’s own testimony that when he was stopped for reckless driving, he put a gun under his leg in order to hide it from observation, supports his conviction for possession of a concealed weapon. However, defendant’s second conviction for ...

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Workers' Comp – Back Injury – Claimant's Medical History (access required)

An auto mechanic’s award of benefits for a back injury is reversed and remanded for reconsideration in light of the commission’s inappropriate statement that it could not rely on history taken from a claimant to determine how an accident occurred. ...

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Criminal – Concealed Weapon – Gun In Back Pocket (access required)

On rehearing en banc, we hold that carrying a weapon in one’s back pocket, covered by a duffle bag, constitutes carrying a concealed weapon if the handle of the weapon, the only part of the weapon extending outside of the ...

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Criminal – Appeals – Rule 5A:18 – Codefendant's Objection (access required)

Although the lawyer for defendant’s brother and codefendant on grand larceny charges objected to the trial court’s exclusion of an audiotape of the preliminary hearing that the lawyer proffered to impeach a prosecution witness, counsel for this defendant did not ...

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Criminal – Voluntariness Of Confession – Juvenile Defendant (access required)

The absence of a parent did not render defendant’s waiver of his Miranda rights invalid, and his confession to first-degree murder was voluntary and properly admitted, despite the 16-year-old defendant’s claims that he was sleepy and hungry during the interrogation. ...

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Unemployment Comp – Discharge For Misconduct – Decline In Job Performance – Burden Of Proof (access required)

An employer established a prima facie case of an employee’s willful misconduct barring benefits by showing that the “nature and frequency” of the employee’s lapses in her job performance were contrary to the employer’s interests, and thus were inferentially willful. ...

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