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Author Archives: Virginia Lawyers Weekly

Criminal – Search & Seizure – Traffic Stop – Cocaine – Intent To Distribute – Sufficiency (access required)

Where the police officer initially pulled defendant over for exceeding the speed limit by 13 mph, and upon running a license check after defendant failed to produce a valid driver’s license or other identification, the officer discovered that the license ...

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Criminal – Cocaine – Intent To Distribute – Sufficiency – Sliver Of Cocaine – Stomach Pump Evidence (access required)

There was sufficient evidence to convict defendant of an intent to distribute cocaine where defendant and an undercover agent negotiated for the sale and purchase of a “40,” which defendant apparently understood to be a certain quantity of cocaine, and ...

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Workers' Comp – Change In Condition – Return To Light Duty – Physician's Letter (access required)

Where the physician’s letter approving a return to light duty work after claimant’s back injury did not indicate that claimant’s physical condition had changed, and the medical reports from August 1990 to August 1991 showed no improvement in claimant’s physical ...

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Criminal – Uttering Forged Checks – Sufficiency – Reversal (access required)

Where the evidence did not show that the checks defendant uttered were forged and that she knew the checks were forged, there was no uttering of a forged check, and her conviction of three counts of violating Code § 18.2-172 ...

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Criminal – Venue Change – Newspaper Publicity – Cocaine Conviction (access required)

Although voir dire at defendant’s first trial for cocaine distribution disclosed that just under half the panel members had at least read newspaper headlines concerning defendant’s case, and during voir dire in defendant’s second trial, half the panel acknowledged that ...

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Workers' Comp – Injury By Accident – Possibility Of Injury (access required)

Where the record demonstrated that claimant’s cervical condition resulted more than “possibly” from the industrial injury, this is insufficient evidence upon which to base an award and the award for treatment of claimant’s cervical condition is reversed. The finding of ...

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Domestic Relations – Termination Of Parental Rights – Children's Developmental Problems – Psychological Testimony (access required)

The Winchester Circuit Court did not err in terminating the parental rights of appellants to four of their seven children under Va. Code § 16.1-283(B). First, the uncontradicted evidence presented by the Department of Social Services established that these children ...

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