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Opinion Digests

Criminal – Murder – Firing Fatal Bullet – Sufficiency (access required)

Where both defendant and a companion fired shots at the victim, who owed money to another companion, there was sufficient evidence to convict defendant of first-degree murder despite defendant’s claim that the evidence did not prove that he fired one ...

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Criminal – Cocaine Distribution – Sufficiency – Undercover Officer (access required)

Although police discovered only a 0.10 gram rock of cocaine on defendant at the time of his arrest, his immediately preceding conversation with an undercover officer in which defendant offered to sell the officer a “20-cent piece” supported an inference ...

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Workers' Comp – Change In Condition – Psychiatric Condition – Depression (access required)

Although claimant’s psychiatrist attributed his depression, at least in part, to his 1986 industrial accident, she based her entire opinion regarding causation on the fact that claimant told her that he had not had any psychiatric problems until after the ...

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Workers' Comp – Light Duty Work – Valid Medical Release (access required)

Where one of claimant’s physicians had seen him approximately one month prior to the employer’s offer of light duty work, and had stated that claimant was not capable of performing the job, the commission did not err in relying on ...

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Criminal – Habitual Offender – Guardian Ad Litem – Alcoholic (access required)

Although respondent, an attorney, had no attorney or guardian ad litem at his earlier habitual offender adjudication, that adjudication is not void because respondent failed to prove that his alcoholism rendered him incapable of defending his interest and therefore the ...

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Criminal – DUI – Operating Motor Vehicle – Sufficiency (access required)

Where defendant was discovered slumped in the driver’s seat of an automobile stopped in the middle of a road shortly after 1:00 a.m., with the vehicle’s lights off and the key in the ignition turned to the “on” position, with ...

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Criminal – Firearm Possession – Firearm Defined – Jury Instruction (access required)

Although the trial court erred in instructing the jury that “a firearm is any object which gives the appearance of having the capability of firing a projectile,” and “[i]t is not necessary that the object actually have the capability of ...

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Criminal – Marijuana – Conspiracy To Distribute (access required)

Where defendant sold marijuana to a buyer without knowing the buyer’s intended use for the drugs, the evidence establishes only that there was a buyer-seller relationship, not a conspiracy to distribute marijuana; and the judgment of the trial court is ...

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Negligence – Workers' Comp Bar – Statutory Employer – Concrete Delivery (access required)

Where a concrete finisher employed by the contractor was injured during a concrete company’s pouring of concrete through chutes into curved forms in a subdivision cul-de-sac, the finisher was not a statutory employee of the concrete company and he may ...

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