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Monthly Archives: October 2009

Traffic Offenses – DUI – Third Offense – Sufficiency (access required)

There was sufficient evidence to convict defendant of DUI based on his appearance and conduct when an officer stopped him after observing him make a u-turn in the middle of the road and proceeding on his moped westbound in a ...

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Criminal – Home Invasion – Sexual Assault – Guilty Plea Withdrawal (access required)

Although defendant claimed after his plea colloquy that he wanted to withdraw his guilty plea because he did not know at the time that his case was subject to “enhanced guidelines” and that he could be declared a violent sexual ...

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Workers’ Comp – Treatment Authority – Arm Surgery (access required)

The commission did not err in considering evidence from a second physician who began treating claimant after her first physician who performed surgery refused to continue seeing her because her employer was not covering her medical bills, and the Court ...

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

A claimant diagnosed with lumbar degenerative disc disease, lumbar radiculopathy and lumbar spondylosis has failed to prove that his back conditions resulted from an incident in which he bruised his abdomen when he turned over the pallet jack he was ...

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Criminal – Marijuana Conspiracy – Verdict Forms (access required)

The Court of Appeals declines to apply the ends of justice exception to reverse a drug conviction, for error by the trial court in instructing the jury on a charge of possessing marijuana with intent to distribute, but by way ...

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Workers’ Comp – Average Weekly Wage – Strike (access required)

In awarding workers’ comp benefits, the commission did not err in excluding from calculating of claimant’s pre-injury weekly wage weeks the claimant was out on a union strike; in decreasing the number of weeks used for the calculation, the commission ...

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Administrative – Medical License – Defective Petition (access required)

The Court of Appeals summarily affirms a circuit court’s dismissal of an appeal of the Virginia Board of Medicine’s revocation of petitioner’s license to practice medicine. The circuit court dismissed the appeal on procedural grounds, determining that petitioner’s initial incomplete ...

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Criminal – Felony Child Neglect – Withholding Medication (access required)

The Court of Appeals affirms a conviction of felony child neglect for a woman who knowingly withheld from her 16-year-old son all the AIDS medications prescribed by his physician, which posed a substantial risk of injury to the youth. The ...

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