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Maximum civil penalty not authorized

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1834337 , Decision Date: 2018-08-28 
Attachment: Click here to download the decision. 

DCH was not authorized to impose the maximum civil penalty against a personal care home where it did not show that the deficiencies placed hospice patient at risk of harm, discomfort, or death.

Exception for pickups and deliveries on county-maintained roads.

Topic: Overweight Trucks, Decided by Judge Brown 
Docket Number: 1736154 , Decision Date: 2017-07-24 
Attachment: Click here to download the decision. 

The owner of a timber hauling company who caused an overweight vehicle and load to be operated on a county-maintained road was not subject to a fine because the vehicle was picking up a load of timber, which the owner had earlier left alongside the [..] Read More..

Texas income deduction order did not preclude Georgia’s interception of obligor’s tax refund.

Topic: Child Support, Decided by Judge Brown 
Docket Number: 1736506 , Decision Date: 2017-08-24 
Attachment: Click here to download the decision. 

The Department of Human Services, Division of Child Support Services (CSS), was authorized to intercept a child support obligor’s tax refund, notwithstanding the existence of an income deduction order in Texas, where the obligor resided, because the Texas order solely intercepted the obligor’s Social Security [..] Read More..

Durable power of attorney for healthcare is not equivalent to advance directive

Topic: Health Law, Decided by Judge Brown 
Docket Number: 1707847 , Decision Date: 2016-12-13 
Attachment: Click here to download the decision. 

Staff members of a personal care home (PCH) did not perform CPR on a resident upon discovering him unconscious.  The owner of the PCH argued that its staff members were not obligated to perform CPR because the resident had a durable power of attorney for [..] Read More..

Testimony of two witnesses sufficient to overcome DUI suspect’s claim that she was not driving.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1705104 , Decision Date: 2016-09-13 
Attachment: Click here to download the decision. 

The state established that a driver had been operating her vehicle while intoxicated, despite the fact that the arresting officer never actually witnessed her driving, by presenting two witnesses who testified that they had witnessed the driver operate her vehicle, become involved in a collision, [..] Read More..

State need not establish that every screening officer at roadblock had sufficient training and experience.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1627741 , Decision Date: 2016-05-31 
Attachment: Click here to download the decision. 

In establishing the validity of a roadblock, the state is required to show that the screening officer who made the determination to administer field sobriety tests had sufficient training to qualify him or her as a screening officer.  Accordingly, where a roadblock was executed by [..] Read More..

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