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Opinion Digests

Commercial – Lien Priorities – Purchase Money Lien – Development Loan Lien (access required)

Where the purchase money deeds of trust on the three contiguous parcels provided that the purchase money liens “may be subject to any bona fide land acquisition…or construction loan…,and the title company president who handled the closing had the purchase ...

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Employment – Harassment – Workers' Comp Bar – Emotional Distress (access required)

Where plaintiff, a former employee at an insurance company, alleges that defendant co-workers systematically harassed her with “undocumented complaints, damaging criticisms, defamatory remarks about her character and constant threats of job termination,” which caused plaintiff serious psychological and psychiatric injury ...

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Zoning – Municipal – Exhaustion Of Administrative Remedies (access required)

In this appeal by a quarry operator, the trial court erred in ruling that the operator was precluded from mounting a court challenge to the authority of the county governing body to act in a zoning matter because the operator ...

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Domestic Relations – Child Support – Social Security – Credit For Arrearage (access required)

Where the children had been receiving social security payments because of their father’s disability, the trial court did not abuse its discretion in crediting these social security payments against the child support arrearage owed by the father where his support ...

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Criminal Law – Entrapment – Cocaine Distribution (access required)

Although defendant initially hesitated to procure cocaine for her friend who was working as an informant for the police, and defendant refused the request for cocaine several times, there was credible evidence in the record to support her conviction for ...

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Criminal – Evidence – Other Crimes – Opening The Door – Drug Trafficking (access required)

Where defendant cross-examined a police officer to establish that the officer had not discovered any drugs, only money, when he searched defendant on prior occasions, and the trial judge ruled that defendant had “opened the door” and allowed the prosecutor ...

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Criminal – Cocaine Distribution – Constructive Possession (access required)

Although defendant’s best friend, with whom he lived, testified that the drugs, contraband and money found in defendant’s car belonged to the friend, and that the defendant did not know the drugs were in the vehicle, there was sufficient evidence ...

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Domestic Relations (309058) (access required)

Child Support Guidelines Where the trial court did not make any findings concerning wife’s current income, other than to note that her income was “substantially more” than the reported $5,000 per year, and the trial judge also gave no indication ...

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Workers' Comp – Change In Condition – Return To Coal Mines – Conflicting Medical Opinion (access required)

Although independent medical examiners hired by the employer concluded that claimant could return to his pre-injury job as an underground coal miner, the commission did not err in concluding, based on reports from claimant’s two treating physicians, that claimant was ...

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Criminal – Habitual Offender – Abstract Of Driving Record (access required)

Where each of these six habitual offender adjudications was based on a summary statement of the respondent’s driving record provided in a report certified by the Department of Motor Vehicles, the HO adjudications are reversed because the documents provided by ...

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