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Opinion Digests

Criminal – Evidence – Assault – Impeachment On Collateral Matter (access required)

Where defendant in this assault trial attempted to impeach the victim with a collateral allegation of an alleged prior act of dishonesty involving a third person, the trial court did not abuse its discretion in refusing to admit the evidence. ...

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Domestic Relations – Visitation – Participation In Sporting Events (access required)

Contrary to the mother’s assertion on appeal, the trial court did not abuse its discretion by modifying the visitation schedule so as to allow her sons’ participation in “previously scheduled sporting events” during their weekend visitation with her. The record ...

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Criminal – Appeals – Rule 5A:18 – Indictment For Robbery – A&B Conviction (access required)

Where defendant failed to object below to the trial court’s ruling convicting defendant of assault and battery based on an indictment for robbery, defendant may not raise the lesser-included offense issue on appeal, and his conviction is affirmed. Wetherington v. ...

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Workers' Comp (309717) (access required)

Change In Condition Or New Accident Where the medical records and claimant’s testimony indicated that, since at least 1986, claimant has suffered numerous exacerbations of his lower back symptoms, and claimant’s treating physician opined that claimant suffered from an ongoing ...

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Criminal – Evidence – Expert Testimony – Second-Degree Murder – Child Abuse – Battered Child Syndrome (access required)

Where the one-and-one-half-year-old daughter of defendant’s girlfriend had sustained several injuries characteristic of “battered child syndrome” during the three-month period when defendant was one of her primary caretakers, the trial court did not err in admitting expert testimony on “battered ...

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Domestic Relations – Equitable Distribution – Pension Split (access required)

In this equitable distribution case, the trial court did not abuse its discretion in ordering an award, amortized over 12 years, with no retroactive interest dating from the date of separation; nor did the court abuse its discretion in ordering ...

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Criminal – Right To Counsel – Police Interrogation – Non-Custodial (access required)

Where defendant initially came voluntarily to the police station to be interviewed about a burglary, and he was not under any restraint during the initial interview, at the conclusion of which he invoked his right to counsel, defendant was not ...

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Criminal – Double Jeopardy – Prosecutorial Misconduct (access required)

On Jan. 11, 1994, a panel of this court affirmed appellant’s convictions of second-degree murder and the use of a firearm in the commission of murder, holding that his reprosecution was not barred on double jeopardy grounds. Appellant’s petition for ...

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Administrative – Denial Of ABC License – Admission Of Videotape (access required)

Where the hearing officer in this liquor permit revocation proceeding agreed with the restaurant owner’s counsel that after the hearing, both parties would be permitted to view a videotape presented by the board, and the restaurant owner would be allowed ...

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