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Opinion Digests

Criminal – Sentencing – Defendant's Age & Health (access required)

Although the 61-year-old defendant suffers from numerous physical ailments, the district court did not err in refusing to make a downward departure from the sentencing guidelines because of the defendant’s age and infirmity. Defendant makes two arguments. First, he argues ...

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Criminal – Sentencing – Special Probation Provision – Expungement Of Record – Drug Possession – National Park Jurisdiction (access required)

Where a special probation provision in 18 U.S.C. § 3607(a) applies, under the language of the statute, to controlled substance “offense[s] described in” 21 U.S.C. § 844, this language means “offense under,” and the provision applies only to defendants convicted ...

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Admiralty – Res Judicata – Collateral Estoppel (access required)

Although the district court earlier decided in another lawsuit arising from the same shipboard explosion which resulted in the death of the ship’s master and several crewmembers that the shipper’s negligence made it liable for the death of the ship’s ...

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Bankruptcy – Automatic Stay – Collateral Estoppel – Docketing Of Legal Malpractice Judgment (access required)

Where plaintiffs, former law clients of the debtor, earlier tried their state court legal malpractice against debtor in his absence, the trial court’s ruling in plaintiffs’ favor does not collaterally estop relitigation of the dischargeability of the legal malpractice award ...

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Bankruptcy – Dischargeability Of Debt – Credit Card Debt – Fraud (access required)

Where debtor wife testified that she left financial matters to her husband and that she did not review any billing statements on her two credit cards and did not realize that credit limits had been exceeded, which occurred when her ...

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Taxation – City Tax On Cable TV Billings – Constitutional – Equal Protection – Satellite Transmitters (access required)

Although the city’s 7 percent tax on cable television service billings applied to cable systems and not to vendors who supplied television service through Satellite Master Antenna Television systems, the tax did not violate a taxpayer’s right to equal protection ...

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Commercial – Banks & Banking – Fraud – Forged Documents (access required)

Where the borrower forged certain documents to obtain a business loan, including a guaranty with his parents’ forged signatures, a pledge of his parents’ stock shares in an insurance corporation, a counterfeit stock certificate and a blank “Stock/Bond Power” for ...

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Property – Condemnation – Landowner's Expert – Potential Pipeline Explosion – Impact On Residue Value (access required)

Although the landowner’s expert witness was qualified as a real estate appraiser, the trial court did not err in ruling that the appraiser was not, however, qualified to testify about any perceived danger of explosion from the proposed natural gas ...

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Domestic Relations (access required)

Abuse Of Discretion In this appeal and cross-appeal from a final divorce decree, we find that neither party has sustained his or her burden of proving trial court abuse of discretion required for reversal on any of the issues presented. ...

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