Quantcast
Home (page 4047)

Author Archives: Virginia Lawyers Weekly

Criminal – Appeals – Expert Witness – Effect Of Ether – Attempted Murder (access required)

Although defendant contends the trial court erred in refusing to permit his expert witness to testify regarding the effects of ether on defendant’s behavior at the time the offense of attempted murder was committed, his claim cannot be considered because ...

Read More »

Criminal – Forgery – Prosecution Witness's Criminal Conviction (access required)

Although defendant contends the commonwealth failed to disclose a criminal conviction of a commonwealth witness and this omission violated his right to due process, defendant’s claim is rejected. Based upon a review of the record before us, we find that ...

Read More »

Domestic Relations – Child Support – Guidelines (access required)

Where the trial court determined that the amount of child support under the statutory guidelines,albeit was more appropriate than the amount agreed to by the parties 10 years ago, its decision was not plainly wrong or unsupported by the evidence, ...

Read More »

Domestic Relations – Joint Custody – Mother's Negative Behavior (access required)

Although the father argues the trial court unfairly indulged in a “tender years” presumption in favor of the mother, and that there were many negative factors which weighed against the mother in the custody determination, not every instance of irrational ...

Read More »

Workers' Comp – Occupational Disease – Asthma (access required)

Where two pulmonary specialists indicated that claimant’s medical condition of asthma was longstanding and may have been aggravated by his work environment, but did not have its origin in claimant’s employment, claimant has failed to prove his entitlement to compensation ...

Read More »

Workers' Comp – Occupational Disease – Carpal Tunnel (access required)

Although the opinion of claimant’s physician regarding her diagnosis of carpal tunnel syndrome did not describe her duties at her second, weekend job as a “computer troubleshooter,” this alleged shortcoming in the physician’s medical opinion regarding claimant’s carpal tunnel is ...

Read More »

Workers' Comp – Change In Condition – Prior Back Injury (access required)

Where claimant was reaching down to pick up a desk he was delivering and when he actually began lifting the furniture, his back completely “locked-up,” we hold that credible evidence supports the commission’s finding that claimant’s condition on Apr. 18, ...

Read More »

Domestic Relations – Equitable Distribution – Marital Residence – Improvements For Handicap Condition (access required)

Although the husband argues he should have received greater compensation from the marital residence based on the more than $30,000 spent on the residence by his insurance company to improve the house to meet his needs as a quadriplegic, husband ...

Read More »

Domestic Relations – Civil Practice – Appeals – Transcript (access required)

Where the record on appeal contains no transcript of the trial court’s ore tenus final divorce and equitable distribution hearing, nor a statement of facts, and such is indispensable to a determination of the issues raised by husband, the husband’s ...

Read More »

Criminal – Racial Bias In Jury Selection – Batson Claim – Reversal (access required)

Although the prosecutor said he struck three African-American male jurors because they were close in age to defendant (who was 25, while the three jurors were 22, 29 and 33), but the prosecutor did not strike white male jurors who ...

Read More »