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Tag Archives: Judge Jean Harrison Clements

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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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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