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Opinion Digests

Criminal – Intent To Commit Felony – Breaking & Entering – Sufficiency (access required)

Where defendant went to his mother’s boyfriend’s apartment to “talk to him” about his abuse of the mother, and defendant entered the apartment after one of his companions kicked in the door, and evidence indicated defendant was “very mad” and ...

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Criminal – Other Crimes – Prior Drug Sales (access required)

Where the trial court admitted at defendant’s trial for selling cocaine evidence of two unrelated drug sales that occurred a month before the charged possession, this evidence was unduly prejudicial and defendant’s conviction for possession with intent to distribute is ...

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Workers' Comp – Statute Of Limitations – Estoppel – Causation (access required)

The commission did not err in determining that the employer was estopped from asserting the statute of limitations as a defense and that the employee’s accident caused her disability. Credible evidence supports the commission’s finding that the employer’s representations induced ...

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Search & Seizure – Involuntary Manslaughter – DUI – Blood Test Results – Exigent Circumstances (access required)

Where information provided by emergency medical personnel via a police dispatcher indicated that defendant, who had been taken to the hospital after a two-car accident, smelled of alcohol at the scene of the accident, and the police officer who went ...

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Domestic Relations (309101) (access required)

Termination Of Mother’s Parental Rights The trial court did not err in relying upon the mother’s past relationships with her other children in making its current decision to terminate the mother’s parental rights in her daughter, who was taken from ...

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Domestic Relations – Adultery – Recrimination (access required)

The trial court did not err in granting husband a divorce on the ground of adultery by the wife. The evidence indicated that wife and the paramour arrived at wife’s residence together in wife’s car, embraced in the garage and ...

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Workers' Comp – Return To Work – Benefits Resumed (access required)

Although the commission found that claimant was not a credible witness, credible medical evidence, consisting of the testimony of the treating orthopedist, supports the commission’s finding that claimant was not able to return to his pre-injury employment and the resumption ...

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Workers' Comp (309149) (access required)

Penalty For Late Payments Where employer paid claimant the amount due under a compromise settlement 55 days after entry of the commission’s order approving the settlement and only after claimant’s counsel sent a penalty request to employer, the commission properly ...

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