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Author Archives: Virginia Lawyers Weekly

Criminal – Continuance – Absent Witness – Investigator's Statement – Reversal (access required)

Where the trial court allowed into evidence at defendant’s murder trial a taped conversation between defendant and an investigator in which the investigator told defendant to “stop lying,” this admission was reversible error as it related to defendant’s sentence. We ...

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Criminal – Securities Fraud – Limitations – Sufficiency (access required)

Where defendant lawyer persuaded the victim, a client and member of his church, to turn over her inheritance to him to be managed and to execute a loan agreement even though “we all know” it was not a loan, and ...

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Workers' Comp – Arising Out Of – Pain Upon Entering Truck Cab (access required)

Although claimant contends he experienced pain when he tilted his head forward and to the left to enter the cab of a truck, and that neither the truck nor the angle at which it was parked caused him any problem, ...

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Domestic Relations – Appeals – Rule 5A:18 (access required)

Where husband’s only objection to the trial court’s ruling contained in the record is counsel’s endorsement of the final decree under the phrase “seen and objected to,” such an endorsement, without more, fails to meet the requirements of Rule 5A:18, ...

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Workers' Comp – Causation – Injuries From Fall (access required)

Where claimant presented no medical evidence indicating that her alleged injuries to her head, neck, back and shoulders, as well as her premature labor and delivery of a premature infant, resulted from a fall she allegedly suffered in a bathroom ...

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Criminal – Embezzlement – Sufficiency – Reversal (access required)

There was insufficient evidence to convict defendant of embezzlement where the commonwealth proved that 1) defendant reported receiving less money from the vending machines than was expected based upon the amount of product dispensed by the machines, and 2) on ...

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Criminal – Cocaine – Intent To Distribute – Sufficiency – Reversal (access required)

Evidence that defendant possessed “five plastic corner bags” containing cocaine with a value as high as $750 is not sufficient, without further incriminating circumstances, to support a finding that the defendant possessed the cocaine with the intent to distribute it. ...

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