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Tag Archives: Justice William C. Mims

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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Any error in evidence proffer was harmless (access required)

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

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