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Author Archives: Virginia Lawyers Weekly

Criminal – Breaking & Entering – Sufficiency – Screen Removal (access required)

Where defendant admitted prying the screen off the window at night, defendant’s fingerprints were found on the window, and this action occurred during non-business hours at a commercial establishment, there was sufficient evidence to reasonably infer that defendant attempted to ...

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Workers' Comp – Occupational Disease – Chronic Venous Insufficiency (access required)

Although claimant’s treating physician, a general and vascular surgeon, opined that claimant’s bilateral chronic venous insufficiency may have been aggravated by standing without protective support stockings, he stated that her condition did not have its origin in her employment, and ...

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Workers' Comp – Arising Out Of – After-Work Volleyball – Knee Injury (access required)

Where claimant injured his knee during an after-hours volleyball game played off the employer’s premises, and the employer’s sole involvement with the team was to pay for team t-shirts and playing fees, and there was no evidence that business was ...

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Domestic Relations – Adultery – Military Pension (access required)

Although the commissioner’s findings and recommendation disregarded the obvious, in that another woman had moved her belongings into the marital home, the other woman and husband were observed in public exchanging casual intimacies, and wife at one time had discovered ...

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Criminal – 'Firearm' Use – Convicted Felon – BB Gun (access required)

Defendant’s conviction under Va. Code § 18.2-308.2 for possessing a firearm after previously having been convicted of a felony is reversed because the statute does not prohibit a convicted felon from possessing or transporting a BB gun. We reverse his ...

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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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