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Tag Archives: Judge Jean Harrison Clements

Evidence properly admitted in child abuse or neglect case (access required)

Appellants’ statements to police detectives about her injured child were properly admitted at trial even though she was not given Miranda warnings. The trial court correctly determined that the interview, which took place in an enclosed waiting area at the ...

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Property destruction and burglary convictions affirmed (access required)

The trial court correctly denied appellant’s motion to strike the commonwealth’s evidence of burglary and destruction of property. There is sufficient evidence to affirm the court’s guilty verdicts on both charges. Background Price went to a shed on his property ...

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Reimposed sentences served consecutively (access required)

Appellant’s reimposed sentences will be served consecutively because the original sentencing order is best understood as providing for concurrent service of the active sentences and consecutive terms for the suspended sentences. Overview In August 2016, appellant was convicted of grand ...

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No jurisdiction over claim against employer and insurer (access required)

The Workers’ Compensation Commission correctly determined that it lacked jurisdiction to hear a claim by a medical provider against a shipyard and its insurer for payment of services rendered to the shipyard’s employee. “[T]his case is controlled by the published ...

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Suspended sentences revoked for good behavior violation (access required)

The trial court properly admitted, under the relaxed evidentiary standard applicable at suspended sentence revocation hearings, field test results that established a vial found near appellant contained PCP. The trial court’s determination that appellant violated the good behavior provisions of ...

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Convictions for illegal cigarette trafficking upheld (access required)

Appellant’s convictions for fraudulent cigarette purchases and illegal distribution are affirmed. Appellant did not have valid documentation when he made bulk cigarette purchases and submitted no documentation that he remitted sales tax on the 40,000 cigarettes he purchased “on three ...

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Evidence properly admitted in gang-crime prosecution (access required)

A high school student’s interview in his associate principal’s office that included the associate principal, a police detective and a school resource officer acting as the student’s translator was not a custodial interrogation, so no Miranda warnings were required. His ...

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