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Tag Archives: Justice William C. Mims

Infectious death case incorrectly dismissed (access required)

Where plaintiff’s experts testified that had defendant doctors promptly diagnosed and treated the pregnant decedent’s infection she might not have died, this evidence was sufficient to survive defendants’ motion to strike at trial. The trial court erred by granting the ...

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Eyewitness identification expert’s testimony partially excluded (access required)

Proffered testimony from an eyewitness expert was properly excluded because in one instance, the issue of eyewitness confidence was within the jurors’ common experience, and in another instance, the expert discussed the concept of unconscious transference but stated this did ...

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Court lacked jurisdiction to modify pension distribution (access required)

Although a circuit court retains jurisdiction to correct or clarify a pension distribution order after Rule 1:1’s 21-day period, the court lacks jurisdiction “to change the substance of the original division of property.” As a result, where the property distribution ...

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Cocaine found during ‘Terry’ stop admissible (access required)

Defendant’s actions while seated in his car – digging between and beneath the seats and behind him with his hands – gave police a reasonable suspicion that he was reaching for a weapon, which justified removing defendant from his car ...

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