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Opinion Digests

Criminal – Death Penalty – Voluntariness Of Confession – Police Misrepresentation – Batson Claim (access required)

Although a police officer who was interrogating defendant told him about a “Retinal Image Machine” that would project an image of the last thing a dead person had seen, this misrepresentation during interrogation did not invalidate defendant’s statement because it ...

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Workers' Comp – Injury By Accident – Occupational Disease – Minister (access required)

Although claimant, a minister, entered a hospital for medical treatment shortly after being confronted by his supervisor with allegations of forgery and a request for the minister’s church records for an audit, claimant has not proven an “injury by accident” ...

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Domestic Relations – Equitable Distribution – Greater Financial Contribution (access required)

Although husband claims the trial judge, in making a monetary award, did not properly consider his greater financial contributions to the marriage, the judge properly considered both parties financial and non-financial contributions to the marriage in deciding to divide the ...

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Workers' Comp – Medical Report – Rule 17 – After-Discovered Evidence (access required)

Where the employer failed to comply with Workers’ Compensation Commission Rule 17 by not filing with the commission a medical report from claimant’s treating physician that showed that claimant continued to be disabled beyond a certain time period, and the ...

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Workers' Comp – Statutory Employer – Notice Of Accident – Delay (access required)

Where the subcontractor’s employee was injured while working on residential construction, the builder, acting as general contractor, was the statutory employer of the injured worker. The uncontradicted evidence shows that the builder and the buyer entered into a written contract ...

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Labor & Employment – Unemployment – Willful Misconduct – Corrections Officer – Security Breach – Negligence (access required)

Although claimant, a former corrections officer at a maximum security prison, received three separate citations for failing to follow certain security rules and these breaches resulted in her dismissal, claimant’s actions constituted negligence at most, not the misconduct necessary to ...

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Workers' Comp – Back Injury – Prior Auto Accident – Ongoing Disability (access required)

Although claimant contended that his ongoing back problems were due to his February 1990 compensable industrial accident, claimant also had injured his back in a 1988 automobile accident and there were varying medical opinions concerning the origin of his subsequent ...

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Criminal – Search & Seizure – Warrantless Entry Into Hotel Room – Informant's Tip On Shooting – Reversal (access required)

Although an anonymous informant told police of shooting at rooms 16 and 42 of a particular motel, but the motel desk clerk had heard no shots and a consent search of one of the identified rooms revealed nothing amiss, the ...

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