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Opinion Digests

Workers' Comp – Causation – Neck & Shoulder Injuries – Inaccurate Medical History (access required)

A claimant is not entitled to benefits for her alleged neck and shoulder injuries because her physicians’ opinions relating those complaints to an earlier industrial injury are less than credible, due to claimant’s inaccurate medical histories. Because claimant gave her ...

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Criminal – Cocaine Distribution – Personal Use (access required)

Although a defendant claimed he had used cocaine for seven years and that he consumed as many as 70 ten-dollar packets a day, there was sufficient evidence to convict defendant of intent to distribute the four bags of cocaine found ...

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Traffic Offenses – DUI – Drinking After Accident (access required)

A defendant’s DUI conviction is reversed because although defendant appeared intoxicated when questioned by a police officer 45 minutes after defendant’s car struck a seven-year-old girl, there is insufficient evidence that defendant was intoxicated at the time of the actual ...

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Criminal – Videotapes By Photographer – Sexually Explicit Material – Teenage Models (access required)

A photographer who surreptitiously videotaped teenage girls as they undressed for their senior portraits, and who edited the videotapes to pause and repeatedly play scenes of the girls removing their shirts and exposing their breasts, cannot be convicted of producing ...

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Search & Seizure – Stolen Underwear – Consensual Encounter (access required)

Defendant’s conviction of larceny for stealing underwear from a woman’s clothesline is upheld because the evidence does not prove that the officers who encountered defendant on the street compelled him to stop. Police were in the neighborhood on a report ...

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Workers' Comp – Back Injury – 'Scoop Operator' For Coal Mine (access required)

A claimant wins benefits for his surgery for disc herniation which occurred when claimant, who was working as a “scoop operator,” ran over a rock, which caused his head and shoulders to hit the mine roof, causing him “pain over ...

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