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Opinion Digests

Bankruptcy – Dischargeability Of Debt – Exception – Collateral Estoppel – State Court Consent Judgment (access required)

Although plaintiff creditor obtained a prepetition state court judgment in which the chapter 7 debtor consented to the entry of judgment on the basis of fraud, the creditor nevertheless is not entitled to summary judgment on his motion which asserts ...

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Commercial – Creditor's Rights – Fraudulent Conveyances – Transfers To Son – Payment Of Father's Debts (access required)

A creditor may obtain personal judgments against transferees who participated in a debtor’s scheme to defraud creditors where the transferees, the debtor’s son and the son’s girlfriend, did not return the cash to the debtor before the creditor attacked the ...

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Zoning – Vested Right – Quarry Operation – New Zoning Ordinance (access required)

Although the landowner had applied for certain state permits to operate a quarry prior to the county’s passage of a zoning ordinance which would prohibit operation of a quarry without a special use permit, the landowner did not have a ...

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Criminal – Sentencing – Consideration Of Suspension (access required)

Although defendant, who was convicted of aggravated sexual battery, contends the trial judge abused his discretion by failing to consider suspending all or part of the sentence, the record indicates that the judge acknowledged his duty to consider suspension, but ...

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Criminal – Robbery – Sufficiency – Two Victims (access required)

Where the evidence showed that defendant assaulted both occupants of a pickup truck and that defendant brandished a knife, causing one of the victims to leave his property and flee into the nearby supermarket, defendant’s words and conduct support the ...

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Criminal – Arson – Sufficiency – Presumption – Possession Of Stolen Property (access required)

Although defendant contends that the commonwealth, in convicting him of arson, relied unduly on his possession of certain stolen property taken from a burned police car, there was sufficient evidence to support defendant’s arson conviction. The commonwealth’s evidence established defendant’s ...

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