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Monthly Archives: December 2007

Employment – ERISA – Employee Life Insurance – Effective Date (423853) (access required)

A hospital’s employee benefit plan cannot deny life insurance proceeds to the beneficiary of a nurse who died just prior to her six-month anniversary of employment, by claiming the policy was intended to require a six-month waiting period for all ...

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Criminal – Batson Challenge – Prima Facie Showing (access required)

On rehearing en banc, the Court of Appeals holds that a trial judge did not err in holding that a robbery defendant who made a motion under Batson v. Kentucky when the prosecutor used peremptory strikes to remove two African-American ...

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Criminal – Murder During Arson – Jury Instruction (access required)

Where the evidence indicated that the murder victim, who died of asphyxiation, might still have been alive at the time a fire was started in her apartment, or an initial flash fire might have contributed to her death by consuming ...

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Criminal – Rape – Victim's School Records (access required)

Although mother’s employment records and the young victim’s middle-school attendance records did not necessarily support certain details of her account of her rape by her stepfather in 2001, there nevertheless was sufficient evidence to convict defendant of that rape, reported ...

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Criminal – Statutory Burglary – Permission To Enter (access required)

Although the man whose home defendant entered offered contradictory testimony about whether defendant had permission to come into the home, there was sufficient evidence to find defendant did not have permission to enter on that particular night, when defendant’s wife ...

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Criminal – Videotaped Confession Replay – Murder Of Wife (access required)

On appeal of defendant’s conviction for killing his wife and burying her in the backyard of their home, any error by the trial court in refusing to permit the jury to replay defendant’s videotaped confession during deliberations was harmless and ...

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Domestic Relations – Res Judicata – Divorce & Custody (access required)

In these consolidated appeals by husband of a grant of divorce to his wife and an earlier award of permanent custody of the parties’ son to third parties after the child was removed from the home, the doctrine of res ...

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Workers' Comp – Medical Payments – Jurisdiction To Order Payment – Imposition Doctrine (access required)

In this dispute among claimant, her employer and Virginia’s Guaranty Fund over payment by the Fund of over $95,000 in claimant’s medical bills that already had been covered by claimant’s private health insurance, the commission could not reach the merits ...

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Workers' Comp – Post- Award Termination (access required)

A claimant who received an award of benefits for his work-related injury to his left foot, but who was terminated after his conviction of aggravated sexual battery, must face review by the commission, which erred in concluding employer’s application and ...

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