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Author Archives: Virginia Lawyers Weekly

Criminal – Evidence – Witness Impeachment (access required)

The trial court did not err in permitting the prosecutor to treat a particular witness as an adverse witness under Code § 8.01-403 and in permitting a detective to testify regarding a statement made by the witness. The trial court ...

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Criminal – Search & Seizure – Investigatory Stop – Broken Taillight (access required)

Where the officer, immediately before detaining defendant on private property, observed defendant operating a motorcycle with a broken taillight, which is a traffic infraction, the stop did not violate the Fourth Amendment. Trial court’s suppression order reversed. The officer had ...

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Workers' Comp – Period Of Disability – Treating Physician (access required)

The commission was entitled to give greater weight to the opinion of claimant’s treating neurologist, who released claimant to return to work without restriction, although he continued claimant’s physical therapy for two additional weeks, as opposed to the opinion of ...

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Workers' Comp – Knee Injury – School Bus Driver – 'Two Causes' Rule (access required)

Where medical opinion presented by claimant, a school bus driver, indicated that her fall over a bus lift and landing on her knee in December 1990 was at least a contributing cause to her subsequent knee problem which required surgery, ...

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Domestic Relations – Support Increase – Husband's Increase In Income (access required)

Although wife contends she is entitled to increased spousal and child support because husband has had a 26 percent increase in his income while wife remains unable to meet her monthly expenses, the trial court did not err in concluding ...

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Criminal – Attempted Murder – Lesser Offense – Assault & Battery (access required)

Although defendant, who shot and wounded a police officer who was attempting to enforce an order to evict defendant, testified at trial that he was only shooting to scare whoever was outside the door, defendant’s testimony alone will not support ...

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Criminal – Computer Software – Program Specifications – False Pretenses (access required)

Where defendant was convicted under Code § 18.2-178 of obtaining a computer software package by false pretenses after the seller of certain software specifications could not collect on the $25,230 check written by defendant for the materials, defendant’s conviction is ...

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