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Monthly Archives: October 2007

Criminal – Rape – Sexual Battery – Instant Message Evidence – Flight (access required)

At defendant’s trial for rape and misdemeanor sexual battery, the trial court did not err in admitting the complaining witness’s testimony regarding the content of an instant message she received from defendant, or in granting a jury instruction on flight ...

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Domestic Relations – PSA – Mutual Mistake (access required)

A husband loses his appeal challenging the trial court’s construction of the parties’ property settlement agreement and arguing the trial court erred in refusing to reform the “retirement assets” clause of the PSA on the basis of an alleged mutual ...

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Domestic Relations – Termination Of Parental Rights – Appeals – Rule 5A:18 (access required)

A mother cannot overturn the termination of her parental rights because she did not preserve for appeal her claims that the social services department failed to communicate with her, failed to strengthen the parent-child relationship and failed to assist her ...

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Domestic Relations – Termination Of Parental Rights – Father's Drug Use (access required)

A father who had been incarcerated, had failed to provide clean drug screens, and who admitted he and mother had been “terrible parents” and used illegal drugs, cannot overturn the decision terminating his parental rights to his children despite his ...

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Domestic Relations – Termination Of Parental Rights – Statutory Basis (access required)

Following Fields v. Dinwiddie County Dep’t of Soc. Servs., 46 Va. App. 1 (2005), the Court of Appeals rejects a father’s contention that the evidence was insufficient to support the termination of his parental rights to his two daughters pursuant ...

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Search & Seizure – Traffic Stop – Tailgating – Speeding (access required)

Although a police officer testified he stopped defendant’s Jeep because he “wanted to see what was going on” after observing the rear-seat passenger “moving around” and “bouncing,” the officer’s subjective motivation is irrelevant and his additional observations that the Jeep ...

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Workers' Comp – Earnings – Benefits For Services (access required)

The commission did not err in declining to award employer a credit for workers’ comp payments for a woman injured in 1997, based on her receiving certain benefits including health insurance from a friend who operated a pet care business, ...

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Case of back strain contested in rear-ender – $91,000 Verdict (access required)

This case involved a rear-end collision with marginal damage to the plaintiff’s vehicle. Injuries were diagnosed as sprains and strains of the cervical, thoracic and lumbar spine. Plaintiff had a pre-accident history of degenerative disc disease and a prior lumbar ...

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