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Author Archives: Virginia Lawyers Weekly

Domestic Relations – Consent Decree – Fraud – Contempt (access required)

Although the husband claims his consent to decrees establishing custody and spousal support was obtained by fraud, in that the wife told the parties’ daughters they did not have to appear at a hearing, and the wife then testified falsely ...

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Criminal – Fair Trial – Police Photo – Information From Suspect (access required)

Although the prosecutor said during opening statements that a police officer obtained a picture of defendant from the police department to use for a photo spread, this was not reversible error, as the jury is presumed to have followed the ...

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Workers' Comp – Change In Condition – Erroneous Job Description (access required)

Although the job description provided to claimant’s physician indicated she should be able to perform her former job of “veneer drying oven-offbearer,” the testimony of claimant and of the employer’s safety coordinator indicate that hue job description was faulty and ...

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Workers' Comp – Occupational Disease – Continuing Disability – Soft Drink Delivery (access required)

Where claimant testified concerning his work as a soft drink salesman who delivered 200 to 300 cases of soft drinks per day at various delivery sites, claimant’s treating physician opined that claimant suffered from work-related “tennis elbow,” this testimony constituted ...

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Criminal – Drug Possession – Enhanced Punishment – No Prior Conviction (access required)

Although defendant claims he cannot be subject to the enhanced punishment provision of Va. Code § 18.2-250.1 because he had not been previously convicted when he committed or was indicted for the second offense, under our recent decision in Mason ...

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Criminal – False Statements – Food Statement Application – Larceny & Perjury – Reversal (access required)

Although there was some evidence to show that defendant’s husband lived with her at some point after she applied for food stamps and fuel assistance, her convictions for false statements on those applications are reversed where the commonwealth offered no ...

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Criminal – Drug Possession – 'Imitation Drugs' – Sufficiency (access required)

Although the trial court allowed an undercover police officer to describe a substance he was selling as “imitation drugs,” this was not error and defendant was properly convicted of attempted possession of drugs for his purchase of “rock” from an ...

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Criminal – Search & Seizure – Driving After HO Order (access required)

Where the police earlier had stopped a vehicle which defendant’s companion was driving, issued the companion a citation for driving while his license was suspended, and later learned that the companion had 17 outstanding felony warrants, and the officer one ...

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