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Opinion Digests

Property – Recorded Easement – Right-Of-Way (access required)

Although a deed purported to convey a lot subject to a right-of-way leading from a particular state highway, “as shown on said plat” made a part of the deed, but the right-of-way in question did not in fact touch any ...

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Workers' Comp – Discharge From Selective Employment – Change In Condition (access required)

Where claimant suffered a compensable back injury, returned to selective employment with employer, was terminated for cause, then became totally disabled after a back operation, her termination for cause does not bar further wage loss benefit for claimant. Claimant suffered ...

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Workers' Comp – Medical Payments – Claimant's Settlement – Unauthorized Surgery (access required)

Where claimant’s settlement on his work-related back injury provided for his medical payments to be covered for three years from the date of settlement, and an unauthorized physician recommended additional surgery four-and-one-half months prior to the expiration of this time ...

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Workers' Comp – Causation – Permanent Partial Disability – Knee Injury (access required)

Although the deputy commissioner’s March 1991 decision finding that claimant had failed to prove a compensable re-injury occurring in April 1990 had become final, claimant earlier had proven the underlying compensable injury that occurred in June 1989, and because claimant’s ...

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Criminal – Cocaine Possession – Certificate Of Analysis (access required)

Where defense counsel in this cocaine and heroin possession case was provided with the certificate of analysis in general district court more than seven days before his trial in Circuit Court, the court rejects defendant’s claim that he should have ...

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Evidence – Chain Of Custody – Discrepancy In Description (access required)

Although the undercover drug buyer at trial described the package of drugs received from defendant as “two white pieces of paper,” the trial court did not err in admitting into evidence another officer’s trial testimony describing the drugs as a ...

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Domestic Relations – Military Pension – 10-Year Threshold (access required)

Although a federal statute governing equitable distribution of military pensions provides that the parties must be married 10 years before the wife is entitled to receive a portion of a husband’s military pension directly from the federal government, the trial ...

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Traffic Offenses – Speeding – Accuracy Of Radar Device – 'True Copy' Of Certificate (access required)

Where the commonwealth’s photocopy of its “Certificate of Tuning Fork Accuracy Test” was notarized, but the notary was not the custodian or in possession of the original document, the certificate was inadmissible at defendant’s trial for a speeding violation. Defendant ...

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