Quantcast
Home (page 4049)

Author Archives: Virginia Lawyers Weekly

Workers' Comp – Period Of Disability – Treating Physician (access required)

The commission was entitled to give greater weight to the opinion of claimant’s treating neurologist, who released claimant to return to work without restriction, although he continued claimant’s physical therapy for two additional weeks, as opposed to the opinion of ...

Read More »

Workers' Comp – Knee Injury – School Bus Driver – 'Two Causes' Rule (access required)

Where medical opinion presented by claimant, a school bus driver, indicated that her fall over a bus lift and landing on her knee in December 1990 was at least a contributing cause to her subsequent knee problem which required surgery, ...

Read More »

Domestic Relations – Support Increase – Husband's Increase In Income (access required)

Although wife contends she is entitled to increased spousal and child support because husband has had a 26 percent increase in his income while wife remains unable to meet her monthly expenses, the trial court did not err in concluding ...

Read More »

Criminal – Attempted Murder – Lesser Offense – Assault & Battery (access required)

Although defendant, who shot and wounded a police officer who was attempting to enforce an order to evict defendant, testified at trial that he was only shooting to scare whoever was outside the door, defendant’s testimony alone will not support ...

Read More »

Criminal – Computer Software – Program Specifications – False Pretenses (access required)

Where defendant was convicted under Code § 18.2-178 of obtaining a computer software package by false pretenses after the seller of certain software specifications could not collect on the $25,230 check written by defendant for the materials, defendant’s conviction is ...

Read More »

Criminal – Destruction Of Private Property – Sufficiency (access required)

Where defendant, who was angry at his girlfriend and apparently enraged, threw a television , a large and weighty object, from an upper story window, from which it fell to the unprotected ground below, where it struck a boat, the ...

Read More »

Criminal – Sentencing – Comments To Judge – Rejection Of Plea Bargain (access required)

Where the prosecutor commented to the trial judge during sentencing that defendant had rejected his offer of plea bargain and had laughed at it and taunted him about the offer, these comments were improper and defendant must be resentenced by ...

Read More »

Criminal – Closing Argument – Prejudice – Reversal (access required)

Where the prosecutor during closing argument in this cocaine distribution case made allusions to people supporting their crack habits with shoplifting or other illegal activities, and even after the trial court admonished the prosecutor for this line of argument, the ...

Read More »