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Opinion Digests

Workers' Comp – Agricultural Exemption – Apple Pickers (access required)

Where the employer indicated that the workers who came to pick apples only came to work for a particular season, and did not have to come to work for a particular length of time, but were free to work as ...

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Criminal – Conspiracy – LSD Distribution (access required)

Although a buyer made several purchases of LSD from defendant, including one purchase of 2,000 hits, and the buyer advanced defendant funds on several occasions and also resold the LSD, there is insufficient evidence to conclude that the buyer and ...

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Domestic Relations – Desertion – Equitable Distribution (access required)

Where the wife left the marital home prior to the filing and service of the bill of complaint for divorce, the chancellor did not err in ratifying the commissioner’s finding that the wife had deserted the marriage. Similarly, we find ...

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Criminal – Juvenile Hearing – Transfer To Circuit Court (access required)

Where the transcript of transfer proceedings in juvenile court to have defendant tried as an adult was not filed with the trial court until two weeks after the court decided to transfer the case to circuit court, the trial court ...

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Criminal – Cocaine Distribution – Chain Of Custody (access required)

Where the agents watching an informant’s effort to buy drugs in a restaurant parking lot temporarily lost sight of the informant after he met defendant, and there were other persons in the area, no one saw anything change hands and ...

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Criminal – Malicious Wounding – Firearm Use (access required)

Although defendant claims he shot the victim in self-defense, there was sufficient evidence to convict defendant of malicious wounding and use of a firearm where the commonwealth’s evidence showed that when the victim went to visit defendant, defendant shot him ...

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Domestic Relations – Bifurcated Proceeding – Pendente Lite Support (access required)

Where the trial court bifurcated the proceedings to first decide the issue of divorce and then consider the parties’ ante-nuptial agreement and rule on support and equitable distribution proceedings, the husband may not appeal the court’s temporary spousal support award ...

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Medical Malpractice – Discovery – Privileged Complaints To Medical Board – Improper Touching During Exam (access required)

Where plaintiff is suing defendant physician for alleged improper touching and fondling during an examination on a complaint of sore throat, the defendant physician and insurance company must produce information on similar complaints made by other female patients to the ...

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Civil Practice – Void Default Judgment – Partnership Accounting (access required)

Although plaintiff obtained a default judgment against defendant, that judgment must be set aside because plaintiff’s motion for judgment failed to allege that there has been a final accounting of the partnership in question. In general, a default judgment is ...

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