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Author Archives: Virginia Lawyers Weekly

Evidence – Criminal – Attempted Rape – Impeachment For Bias – Reversal (access required)

Although the defense counsel in this case charging an apartment manager’s attempted rape of a woman who came to look at a rental apartment forgot, on cross-examination, to question the woman about her letter to the apartment complex’s management firm ...

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Criminal – DUI – Refusal To Take Blood Test (access required)

Although defendant previously had been acquitted on a charge of refusal to take a blood test, because he had insisted on taking a breath test rather than a blood test, this information was irrelevant to defendant’s related prosecution for DUI ...

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Workers' Comp – Change In Condition – Medical Documentation (access required)

Where claimant failed to attach to her application for a change in condition supporting medical documentation, nor did she include the dates of her alleged disability, the commission did not err in dismissing her application. A review of the history ...

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Workers' Comp – Course Of Employment – Slip & Fall – Drugstore Security Guard – Personal Comfort Doctrine (access required)

Where claimant asked for another security guard to take over her station in the parking lot so that she might use the restroom, and claimant was hurrying up the stairs to visit the restroom when she slipped and fell on ...

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Workers' Comp – Injury By Accident – Identifiable Incident – Hearsay Evidence – Medical Histories (access required)

Although the employer contends claimant’s medical histories were introduced to impeach him, we find that the medical histories could not properly have been introduced to impeach claimant’s testimony because the omission of any information concerning a specific event resulting in ...

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Workers' Comp – Limitations – Doctrine Of Imposition (access required)

Although claimant contends that the employer’s conduct in acknowledging that claimants accident was compensable and paying benefits for 30 months, together with the fact that the employer failed to execute and file a memorandum of agreement as required by Code ...

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Domestic Relations (306517) (access required)

Spousal Support Increase The trial court did not err in increasing spousal support for the wife where her health had deteriorated, she could not meet her expenses and her lifestyle had diminished from that established during the marriage, while the ...

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Criminal – Malicious Intent – Malice (access required)

There was sufficient evidence of malice to convict defendant of malicious wounding, as well as robbery, where defendant, without provocation or legal justification, invaded the property of the victim, a 68-year old defenseless woman, struck her in the face with ...

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Domestic Relations – PSA – Fraud – Unrepresented Husband (access required)

Although husband seeks to set aside that portion of the final divorce decree which found him liable for spousal support arrearages, arguing that the wife was guilty of fraud because she filed an amended bill of complaint after signing a ...

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