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Opinion Digests

Municipal – County Landfill Contract – Referendum On Debt (access required)

Although the county’s contract with a private waste disposal corporation for the construction and operation of a landfill requires the county to pay damages in the event the contract is terminated, the contract does not create a debt in violation ...

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Workers' Comp – Release To Full Duty – Treating Physician's Opinion (access required)

Although two independent medical examiners chosen by the employer opined that claimant was able to return to his pre-injury job, the last medical record from claimant’s treating physician indicated claimant was not ready to return to “full work as a ...

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Criminal – Possession Of Cocaine – Intent To Distribute – Sufficiency (access required)

Where police found cocaine in a duffle bag in defendant’s bedroom, defendant’s roommate testified that defendant had refused to answer him when he asked what was going on after people had come to the apartment looking for defendant, and anther ...

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Workers' Comp – Slip & Fall – Crossing Driveway Edge (access required)

Where claimant, who had been hired to paint the interior of a house, slipped on ice on a concrete apron connecting the lot’s driveway with the street, the injury is compensable. We agree with the commission that Prince v. Pan ...

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Criminal – Appeals – Rule 5A:18 – Jury Instruction (access required)

Although defendant now challenges the trial court’s response to a question from the jury on whether defendant could be guilty of both “attempted unlawful wounding” and “use of a firearm in the commission of a felony,” defendant did not object ...

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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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