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Tag Archives: Judge Jean Harrison Clements

Firearms conviction supported by testimony of multiple witnesses (access required)

Testimony from multiple witnesses, together with other testimony, including the defendant’s own telephone calls, supported his conviction for possession of a firearm. Background The evidence established that Erica Hutchings heard gunshots after 7 a.m. on Oct. 29, 2017, and saw ...

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Folded lottery tickets did not supply probable cause for search (access required)

Police officers did not have probable cause to search a defendant’s car based on the presence of folded lottery tickets in plain view because lottery tickets have a legitimate purpose and their incriminating nature was not immediately apparent. As a ...

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Reliance on treating physician’s testimony affirmed (access required)

The commission was entitled to give greater weight to the treating physician’s opinion and rely on his testimony that physical therapy and massage administered to manage an employee’s pain was reasonable, necessary and causally related to his work injury. Background ...

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Evidence of possible robbery prep won’t support convictions (access required)

Evidence that showed only possible preparation for a robbery and not that a planned robbery was imminent is insufficient to sustain a conviction for attempted robbery and the related conviction for use of firearm. Background At about 5:45 a.m. on ...

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CAV: Fire changed marital residence from asset to deficiency (access required)

After a divorced couple’s former residence was significantly damaged by fire, the husband was entitled to reimbursements from the wife for his outlays to return to property to saleable condition. The trial court did not err in decreasing the wife’s ...

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