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Author Archives: Virginia Lawyers Weekly

Criminal – Attempted Sexual Battery – Sufficiency – Reversal (access required)

Although defendant made explicit sexual overtures toward the victim, the 16-year old stepdaughter of his ex-brother-in-law, and fondled her near her intimate parts and sought to persuade her to let him touch her intimate parts, defendant sought to impose nothing ...

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REHEARING GRANTED (307084) (access required)

On July 12, 1993, the Virginia Court of Appeals granted a rehearing en banc in Hammond v. Commonwealth (VLW 093-7-248), a case originally decided on May 11, 1993.

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REHEARING GRANTED (307083) (access required)

On July 12, 1993, the Virginia Court of Appeals granted a rehearing en banc in Crowder v. Commonwealth (VLW 093-7-264), a case originally decided on May 18, 1993.

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PUBLISHED ORDER (access required)

Upon rehearing en banc, the judgment of the trial court rendered on Aug. 8, 1991 is affirmed without opinion by an equally divided court. Accordingly, the opinion previously rendered by a panel of this court on Jan. 26, 1993 is ...

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Criminal – DUI – Independent Blood Test Results – Outdated Lab List (access required)

Although the trial court convicted defendant of DUI based on evidence other than the commonwealth’s blood test results, which were inadmissible since the commonwealth was unable to provide defendant with the independent test results under Va. Code § 18.2-268.7, the ...

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Criminal – Speedy Trial – Charges Dismissed (access required)

Where one period of delay in bringing defendant to trial resulted from an order that did not state that the case was being continued, and a second period of delay was caused by a conflict in the court’s calendar, not ...

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Workers' Comp – Burns To Feet – Handicapped Bathroom – Motorized Scooter (access required)

Although claimant suffered compensable burn injuries to his feet, Va. Code § 65.2-603, which requires an employer to pay for certain medically necessary adaptations to a claimant’s home, does not require the employer here to adapt claimant’s home bathroom for ...

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