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Opinion Digests

Criminal – Forfeiture – Controlled Substances – Pharmacy (access required)

Where the pharmacist was convicted of multiple counts of illegal distribution of controlled substances, and his crimes would have supported a maximum total fine of $3.58 million, the court’s forfeiture of defendant’s pharmacy and related property valued at approximately $509,307, ...

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Jury & Jurors – Batson Challenge – Race-Neutral Reasons – Age – Parental Status – Address (access required)

Where defendant, in challenging the prosecutor’s purported reasons for striking two African-American members of the venire (a female was too young and had no children, and a male was inappropriately dressed in an athletic letter jacket and had an address ...

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Partnerships – Loans To Partnership – Interest (access required)

Where plaintiff and defendant, former neighbors, entered into a business venture to broker automobile leases, the venture was a partnership, albeit loosely organized, and the trial court’s final decree accounting for the partnership’s remaining assets is affirmed. First, plaintiff argues ...

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Civil Practice – Habitual Offender – Alcoholic – Guardian Ad Litem (access required)

Although defendant contends that because he was an alcoholic, he was entitled to have a guardian ad litem appointed to represent him in his earlier adjudication as an habitual offender, the failure to appoint a guardian does not void the ...

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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 – Driving After HO Adjudication – Alcoholic – Guardian Ad Litem – County Of Residence (access required)

Although defendant presented evidence from a psychiatrist concerning his severe alcoholism at the time he was adjudicated an habitual offender, defendant nevertheless may not challenge his prior habitual offender adjudication on the ground that he was entitled to appointment of ...

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Criminal – Embezzlement – Sufficiency – Tow Truck Driver (access required)

Where the victim was involved in an automobile accident with a tow truck belonging to defendant’s towing company, and defendant told the victim that he felt responsible for the accident and would take her car to her boyfriend’s house, but ...

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