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Opinion Digests

Criminal – Search & Seizure – Detention At Apartment – Enhanced Penalty – Prior Convictions (access required)

Where defendant refused to leave an area secured by police officers executing a search warrant for drugs in an apartment, this failure and defendant’s questions gave the officer reasonable suspicion necessary to investigate further why defendant failed to follow is ...

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Domestic Relations – Child Support – Deviation From Guidelines – Arrearage (access required)

Where husband, who earned $63,000 annually in his position with the Federal Aviation Administration, failed to substantiate his claims of financial losses he suffered from side jobs such as farming, construction work and apartment rental, the trial court was not ...

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Workers' Comp – Average Weekly Wage – Casual Employment (access required)

Where claimant, a painter and carpenter who worked for employer both as an employee and as an independent contractor, offered uncontradicted testimony that from Oct. 19, to Nov. 2, 1992, he earned $25 per hour and worked 40 hours per ...

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Criminal – Search & Seizure – Warrantless Home Search – Exigent Circumstances – Report Of Burglary (access required)

Where the police went to defendant’s house on a neighbor’s report that the front door of defendant’s house was open and he had not been seen for two days, and the police, after knocking and announcing their presence several times, ...

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Domestic Relations – Child Support – Imputed Income (access required)

Where the wife voluntarily quit her job as a hotel office manager and had no income at the time of the hearing on the husband’s request for an order of child support, the trial court erred in refusing to impute ...

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Workers' Comp – Oral Notice Of Accident – Motel Manager (access required)

Where claimant and her husband managed a motel and the husband was designated as the corporate employee with responsibility for workers’ compensation matters, and claimant told her husband immediately when she suffered an on-the-job injury while attempting to replace a ...

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Labor & Employment – At-Will Doctrine – Employee Handbook – Implied Good Faith Covenant (access required)

Although plaintiff, who was fired from his position as Corporate Comptroller for defendant manufacturer, contends that his termination without cause was barred by a covenant of good faith and fair dealing which could be implied from the company’s “Strategy Statements,” ...

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