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Opinion Digests

Criminal – Sentencing – Consecutive Sentences – Incremental Punishment (access required)

Where the district court ordered that defendant’s 15-month sentence on her plea of guilty to dealing in counterfeit securities run consecutively to her current sentence for a similar offense, and the court failed to apply § 5G1.3 of the federal ...

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Products Liability – Sophisticated User – PCBs (access required)

Where plaintiff alleges her decedent died from terminal brain cancer due to exposure to polychlorinated biphenyls (PCP) manufactured by defendant Monsanto and used by defendant Westinghouse Electric Corporation in its electrical transformers, manufacturing plant, where decedent was a mechanic and ...

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Negligence – Injured Federal Meat Inspector – U.S. As Plaintiff – Recovery Of Medical Expenses (access required)

Where plaintiff, a former food inspector for the U.S. Department of Agriculture, was injured when a hog carcass allegedly fell on her while she was inspecting defendant packing plant, the plaintiff’s attorney, if authorized by the United States, may present ...

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Criminal – Restitution Order – Collateral Attack – Victim's Emotional Injuries (access required)

Although petitioner, who was convicted of bomb manufacture and possession, challenges the district court’s restitution order on the basis that one of the victims received only emotional and no physical injuries, this claim is not cognizable in a collateral attack ...

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Municipal – Mandamus – Sewer Services – Annexation Court Order (access required)

Although an annexation court’s 1978 decree gave the town some discretion on the timing of constructing certain sewer lines to an industrial park in the annexed parcel, the decree unquestionably imposed a ministerial duty to construct the lines and the ...

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Criminal – Capital Murder – Voluntariness Of Confession – Miranda Warnings (access required)

Although defendant claims that he did not receive timely Miranda warnings during his questioning behind closed doors at police headquarters, the court holds that defendant was not in custody until the police officers searched him and placed him under arrest, ...

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