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Opinion Digests

Appeals – Timely Notice – Final Order (access required)

Although the trial court entered an “amended order” on Sept. 1, 1993 in this child support arrearage case, the amended order repeated the content of a June 23 order vacating the support judgment and made no substantive change, and the ...

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Domestic Relations – PSA – College Expenses – Father's School Choice (access required)

Where the parties’ property settlement agreement, incorporated into their final divorce decree, apportioned college expenses for the parties’ two teenage children and also stated that “[b]oth parents shall agree on the college of attendance and the children shall make satisfactory ...

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Criminal – Conspiracy – Drug Purchase (access required)

Although the evidence proved that defendant purchased cocaine from another person, neither the circumstantial evidence nor the direct evidence proved that the seller was aware of defendant’s further distribution of cocaine or that the seller encouraged defendant to make a ...

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Criminal – Evidence – Fingernail Comparison – Expert Testimony (access required)

Where the prosecution contended that a portion of defendant’s fingernail came off in the cash register when the store owner attempted to close the cash register door on defendant’s hand, and the commonwealth’s forensic expert found that fingernail portion matched ...

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Search & Seizure – Consensual Encounter – Hands In Pockets (access required)

Where the uniformed police officer initially encountered defendant standing on the street about midnight with his hands in the pockets of his hooded sweatshirt, and when defendant complied with the officer’s request to remove his hands from his pockets, the ...

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Domestic Relations – Paternity – Population Distributions (access required)

Although appellant contends the trial court in this paternity proceeding erred in admitting as evidence indexes based upon population distributions without proof that the information was scientifically reliable, his argument addresses the weight of the expert testimony on his likely ...

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Negligence – Collateral Source Rule – Disability & Retirement Pay (access required)

In this personal injury case, the collateral source rule bars the county as an underinsurance provider from presenting evidence of its payments to plaintiff of service-connected disability retirement benefits and workers’ compensation benefits. The collateral source rule provides that benefits ...

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Criminal – Exculpatory Evidence – Prosecution Witness's Deal (access required)

Although defendant contends he was not informed prior to trial of the full extent of the commonwealth’s agreement to drop several charges against the chief prosecution witness and to allow her to plead guilty to one charge, the court concludes ...

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