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Monthly Archives: April 2009

Workers’ Comp – Marketing Residual Capacity – Back Injury (access required)

A 69-year-old former supervisor of pipeline installation who injured his lower back on the job did not meet his burden to market his residual work capacity where he sought employment only at construction or related firms where he had little ...

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Search & Seizure – Appeals – Rule 5A:18 (access required)

A defendant cited for riding a motorized toy in the street in violation of a Norfolk City ordinance, who did not file a motion to suppress the marijuana found in his pocket or contest admission of the evidence at trial, ...

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Traffic Offenses – Appeals – DUI – Local Ordinance (access required)

A defendant convicted of DUI under a local Virginia Beach ordinance failed to perfect his appeal of his conviction because the appeal was prosecuted against the commonwealth, not the locality, and a subsequent circuit order obtained by defendant that purported ...

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Criminal – Robbery Conspiracy – Drug Sale Ruse (access required)

There was sufficient evidence to convict defendant of conspiracy to commit robbery, based on his statement that he and a companion hidden inside his vehicle used a proposed drug sale to an undercover officer as a ruse to get her ...

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Criminal – Sex Offender Registration – N.C. Convictions (access required)

A defendant’s North Carolina convictions of aiding and abetting a second-degree rape and abetting a second-degree sex offense are substantially similar to corresponding crimes in Virginia, as delineated in Va. Code § 9.1-902, and the Court of Appeals says defendant ...

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Administrative – State Employee – Grievance (access required)

A trial court erred in vacating as “contradictory to law” the termination of a state employee who was discharged for cursing a supervisor and then visiting a coworker at home to demand in a threatening manner if she was the ...

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Workers’ Comp – Change In Condition – Multiple Compensation Periods (access required)

A Ford production plant employee who received multiple awards of compensation for various period of temporary total and temporary partial disability, had light-duty employment, and also was laid off when the plant was shut down for production reasons, had the ...

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Civil Rights – Excessive Force – Minor Auto Accident (access required)

A 77-year-old woman states a § 1983 claim for excessive force with allegations that, after a minor auto accident in which she was determined to be at fault for failure to yield the right of way, defendant police officer injured ...

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