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Opinion Digests

Domestic Relations – Equitable Distribution – Valuation – Gun & Knife Collection – Car Collection (access required)

Although husband argues the trial court erred in crediting him with the value of his gun and knife collections because those assets allegedly were missing, the trial court noted that husband had made no previous claim that the collections were ...

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Workers' Comp – Change In Condition – Unauthorized Medical Treatment (access required)

Where claimant’s treating orthopedic surgeon stated that claimant’s condition had not changed in five years and he approved a light-duty job for claimant, the commission was entitled to accept the surgeon’s opinion over that of other medical providers cited by ...

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Search & Seizure (309670) (access required)

False Statements In Affidavit Although the police officer who prepared the search warrant affidavit knew that defendant had on other occasions listed an address different from the one cited in the warrant, and the officer stated in the affidavit that ...

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Criminal (309702) (access required)

Intent To Commit Aggravated Sexual Battery There was sufficient evidence that defendant intended to commit aggravated sexual battery when he broke into the victim’s apartment where he entered the victim’s apartment, obtained a knife, entered the victim’s bedroom, lifted the ...

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Search & Seizure – Unlawful Stop – Firearm Possession (access required)

The police officer clearly had probable cause to stop defendant’s vehicle and detain him where the officer had received two calls for assistance from defendant’s wife and son indicating defendant had come to their home, armed, and threatened to kill ...

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Criminal – Fair Trial – Identification – First-Degree Murder (access required)

In defendant’s prosecution for first-degree murder and use of a firearm, the trial court did not err in 1) refusing to suppress a suggestive identification; 2) refusing to order a witness to give defense counsel the notes the witness had ...

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Domestic Relations – Child Support & Visitation – Locating Children (access required)

Although the father claims he incurred more than $6,000 in expenses to locate the mother and children, the trial court did not abuse its discretion in setting the amount of reimbursement to the father at that figure, rather than a ...

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Criminal – Double Jeopardy – Prosecutorial Misconduct (309782) (access required)

1994 V.C.A. (VLW 094-7-805) Mister Kleen Maintenance Co. v. Clark Workers’ Comp Brain Injury – Permanent Disability – Conclusive Presumption On Dec. 14, 1993, a panel of this court affirmed in part and reversed in part a decision of the ...

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