Where the trial court determined that a man was the father of an infant based on DNA and HLA blood testing, even though father claimed to have undergone a vasectomy prior to the date of conception, and the court awarded ...
Read More »Domestic Relations – Paternity – Child Support – Imputed Income
Criminal – Appeals – Statement Of Facts 
Although the statement of facts filed by the trial judge concerning defendant’s trial and conviction for larceny by concealment of merchandise differed slightly from the statement of facts originally filed by defendant, defendant is not entitled to have his conviction ...
Read More »Workers' Comp – Slip & Fall – Grease & Water On Floor 
Where claimant was discovered unconscious on the floor in a puddle of water after entering the workplace from outside, where it had been snowing, and claimant had entered into an area where grease and water were known to be on ...
Read More »Traffic Offenses – Speeding – Tuning Fork – Accuracy Of Radar Device 
Although defendant, who was convicted of speeding, contends that the commonwealth was required to prove the accuracy of both methods of verifying the accuracy of the police radar device, by tuning fork and by speedometer tests which the arresting officer ...
Read More »Criminal – Marijuana Possession – Intent To Distribute – Conspiracy – Quantity 
Where defendant, who was arrested after purchasing marijuana from two undercover agents at a motel, joined with two other marijuana purchasers at the motel to pool their resources in order to buy the 11 pounds offered by the agents, there ...
Read More »Criminal – Identification Testimony – Grand Larceny Of Auto 
Although the witness stated that he was “100 or 98 percent certain” that defendant was the person he saw driving his car after it was stolen from a parking lot, there was sufficient certainty in his identification of the defendant ...
Read More »Workers' Comp – Timely Filing Of Claim – Employer's Report Filed 
Although the employer reported claimant’s work-related accident to the commission several days after it occurred and filed supplementary reports during the six months after the accident, these actions by the employer did not relieve the claimant of the obligation to ...
Read More »Criminal – Larceny – Ongoing Or Separate Crimes 
Where defendant contractor, a previously convicted felon, engaged in a pattern of requesting draws from the owner whose building he was renovating but depositing those draws in the contractor’s personal accounts, rather than paying various subcontractors or materialmen, there was ...
Read More »Search & Seizure – Knock & Announce Rule – Door Already Open 
Where defendant already had opened the door to look out into the hallway as the police arrived to execute a search warrant, the knock-and-announce rule did not apply and the trial court erred in applying that rule to suppress the ...
Read More »Workers' Comp (309770) 
Residual Work Capacity Where claimant sustained a compensable head injury at work and was diagnosed as suffering from post-concussive syndrome which his psychologist and another treating physician stated disabled him from working in any capacity, the fact that claimant was ...
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