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Court of Appeals, Eastern District

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Criminal Law: Failure To Return To Confinement – Sufficiency Of Evidence – State Custody

Where a defendant, who requested a stay of his sentence to spend the holidays with his family before going to jail for drunk driving, returned to custody later than ordered by the court, in order to be guilty of failure ...

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Criminal Law: Competency – Court’s Observations – Preponderance Of Evidence

Where a trial court found a defendant competent to stand trial based on its own observations and in disregard of two experts’ opinions, uncontroverted evidence showed that the defendant was mentally retarded, and the appellate court would reverse the determination ...

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Contracts: Termination – Damages – Cost Avoided

Where a trial court found that an installer of fire protection systems materially breached an agreement with a purchaser allowing the purchaser to terminate the contract and the court discharged the purchaser’s remaining payment obligations and charged the cost of ...

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Unemployment compensation: Disqualification – Discharge – Medical Restrictions

Where an unemployment compensation claimant became unemployed because documented medical restrictions prevented him from performing his job, the claimant did not leave work voluntarily, but was instead discharged, and the claimant’s physical inability to do his job did not constitute ...

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Unemployment Compensation: Disqualification – Discharge – Credibility Determination

Where two witnesses for an employer testified that an unemployment compensation claimant was not being terminated at a meeting at which he was told he would not receive a raise, the commission found the employer’s witnesses to be more credible ...

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