Quantcast
Home (page 4040)

Author Archives: Virginia Lawyers Weekly

Workers' Comp – Occupational Disease – Asthmatic Bronchitis – Secondhand Smoke (access required)

Although work place smoke at claimant’s office in the Virginia Department of Taxation may have aggravated her condition of asthmatic bronchitis, the deputy commissioner concludes that claimant’s condition cannot fairly be traced to her employment as the primary cause, in ...

Read More »

REHEARING GRANTED (306598) (access required)

On June 21, 1993, the Virginia Court of Appeals granted a rehearing en banc in the case of Jones v. Commonwealth. Record No. 2082-91-3, VLW 093-7-250. The original panel opinion was decided on May 11, 1993.

Read More »

Workers' Comp – Light Duty Employment – Bona Fide Offer (access required)

Where claimant told his rehabilitation counselor that because of financial difficulties he needed to move either to Pennsylvania or to North Carolina where he had family, and the counselor advised him to move to an area where Food Lion stores ...

Read More »

Criminal – Visiting Bawdy Place – Motel Parking Lot – Sufficiency (access required)

Where defendant met an undercover police officer in the motel parking lot and arranged to have the officer accompany him to a motel room to perform a sex act in exchange for money, there was sufficient evidence to convict defendant ...

Read More »

Criminal – Evidence – Impeachment – Prior Felony Conviction – Reversal (access required)

Where the trial court, at defendant’s trial for cocaine distribution, allowed the commonwealth to improperly impeach defendant by asking him whether he had been convicted of attempting to bribe a police officer without having first given defendant an adequate opportunity ...

Read More »

Criminal – Continuance – DNA Test Results (access required)

Where defendant, who was on trial for the rape of his live-in girlfriend’s 14-year old daughter who subsequently became pregnant, requested a continuance on the morning of trial so that he might obtain the results of a DNA paternity test ...

Read More »

Evidence – Foundation For Writing – Defendant's Statements (access required)

Where the trial court admitted at defendant’s robbery trial a copy of the waiver of rights form and a copy of a statement by defendant supported only by evidence produced at an earlier pretrial suppression hearing, but without any testimony ...

Read More »

Criminal – Abduction – Intent To Defile – Circumstantial Evidence – Fiber Evidence – Reversal (access required)

In reviewing this conviction for abduction with intent to defile a five-year-old girl, the court concludes that 1) although evidence supported a finding that defendant abducted the child, it did not support a finding that he did so with intent ...

Read More »