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Author Archives: Virginia Lawyers Weekly

Domestic Relations – Bank Account Valuation – Order To Sell Home (access required)

Where the trial court in this divorce case valued a bank account as of the date of separation, although the court had ordered the husband to continue making mortgage payments on marital property from that account, we modify the court’s ...

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Domestic Relations – Jurisdiction – Transfer To J&DR Court – Family Court (access required)

Although the circuit court, after ordering father to pay child support, transferred this case to the juvenile and domestic relations court, and after that court became an experimental family court, mother filed a petition for a child support increase, but ...

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Criminal – Forgery Of Public Record – Fingerprint Card – Sufficiency (access required)

Although defendant contends he should not have been convicted under Code § 18.2-168 of forging a public document for signing a false name to his fingerprint card, the lack of specificity in the Virginia statute about what constitutes a public ...

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Criminal – DUI – Blood Test Availability (access required)

Where defendant was told that a blood test was unavailable at 12:59 a.m. because the arresting officer stated that the only other field deputy on duty that night was scheduled to go off duty at 1:00 a.m., and it was ...

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Criminal – Common Nuisance – Club – Noise – Firearm Use (access required)

Where the trial court allowed a security guard at defendant’s social club to testify that he had seized firearms from two different patrons of the club, this evidence was properly admitted at defendant’s trial for maintaining a common nuisance as ...

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Criminal – Revocation Of Suspended Sentence – Probation Violations (access required)

Where the trial court on May 4, 1987, ended all of defendant’s probation restrictions, which had resulted from a 1981 manslaughter conviction and related to driving restrictions, but in 1991, the trial court considered numerous DUI and other convictions defendant ...

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Workers' Comp – Permanent Disability – Loss Of Right Eye – Uncorrected Vision (access required)

Although the employer contends that claimant, who suffered a compensable injury to his right eye and cheek, has received an intraocular lens implant which has permanently improved claimant’s visual acuity in his right eye to 20/40+1 and, therefore, the commission ...

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Criminal – Murder – Corpus Delicti – Circumstantial Evidence (access required)

Although the commonwealth relied wholly on circumstantial evidence to prove that the victim’s death resulted from criminal agency and that in fact her husband had been responsible, his second degree murder conviction is upheld. The evidence sufficiently proved that the ...

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