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Monthly Archives: July 2007

Domestic Relations – Termination Of Parental Rights – Abuse & Neglect (access required)

A trial court did not err in terminating a mother’s parental rights, in light of evidence of mother’s substance abuse, inability to remediate squalid and unsafe conditions in which her four children lived, and allowance of a range of adult ...

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Search & Seizure – Auto Search – Gun In Car – Concealed Weapon (access required)

A defendant initially stopped for a burned-out rear running light in his vehicle cannot suppress the gun found in the car between the driver’s side seat and the console, or the drugs found after defendant was arrested for the gun. ...

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Search & Seizure – Residence Search – Emergency Aid Doctrine (access required)

Although a police officer corroborated information from a 911 call that defendant and his girlfriend had a heated verbal exchange in an apartment complex parking lot prior to visiting their home, the evidence did not support a reasonable police officer ...

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Domestic Relations – Custody & Visitation – White Earth Tribal Court (access required)

Where mother, a member of the White Earth Band of Ojibwe, took the couple’s four children from Norfolk to live on the reservation in Minnesota in 2003, and a Norfolk JDR court first granted father temporary custody but then dismissed ...

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Search & Seizure – Auto Stop – Weapons Frisk (access required)

A police officer had probable cause to stop a vehicle in which defendant was riding when he observed both an equipment violation (license plate’s expiration date was obscured) and a traffic infraction, and the information gleaned by the officers both ...

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Domestic Relations – Termination Of Parental Rights – Substance Abuse (access required)

A mother who has repeatedly relapsed into substance abuse, and a father who is mentally retarded and unable to care for their child have their parental rights terminated. We find ample evidence to satisfy the statutory mandates of Va. Code ...

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Workers' Comp – Average Weekly Wage – Substantially Similar – Delivery Driver (access required)

In determining claimant’s average weekly wage, the commission did not err in combining earnings from claimant’s jobs as an appliance delivery driver for Lowes and in newspaper delivery. Lowe’s asserts that claimant’s position of delivery driver for Lowes required that ...

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Traffic Offenses – Speeding – Posted Lower Limit (access required)

A defendant’s speeding conviction is affirmed despite his claim that the commonwealth failed to prove that a decreased speed limit had been properly posted. Contrary to defendant’s assertion, there is no requirement that a lesser-included offense be of a lower ...

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Workers' Comp – Medical Benefits – Tailor's Neck Pain – Limitations (access required)

Although employer contends the statute of limitations under Va. Code Sect. 65.2-601 bars plaintiff’s claim for benefits because the only claim she filed within two years of her work-related accident did not correctly identify the date of accident or the ...

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