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Tag Archives: Judge Marla Graff Decker

Assault of sleeping victim established constructive force (access required)

Where appellant placed his hands inside the sleeping victim’s pants, this was a lack of consent that established the constructive force necessary to sustain appellant’s conviction for aggravated sexual battery. Overview J.A. was 14 years old when she and her ...

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Tipster’s information supplied reasonable suspicion to search (access required)

Where police received reliable information from a confidential informant that appellant was selling drugs, and described appellant’s clothing and his location in an area known for drug activity, this provided a reasonable suspicion to detain appellant. Drugs found on appellant’s ...

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Prosecution concedes failure to prove suspended license case (access required)

Appellant’s conviction for driving on a suspended license, fifth offense, is reversed. The prosecution has conceded that appellant lacked sufficient notice that her license was suspended when she committed the offense. Prior proceedings In July 2016, a police officer made ...

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Court erred by finding speedy trial violation (access required)

The trial court erred by weighing a COVID-19 delay significantly in defendant’s favor when dismissing the charges against him on constitutional speedy trial grounds. Length of delay “The Commonwealth contends that the circuit court’s constitutional speedy trial analysis was erroneous ...

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Husband not required to get new life insurance policy (access required)

Where there were no life insurance policies naming wife as beneficiary when the court issued the final divorce decree, the court incorrectly ordered husband to obtain a new $100,000 policy for wife’s benefit. No statutory authority “A ‘court may order ...

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