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Author Archives: Virginia Lawyers Weekly

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 ...

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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, ...

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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 ...

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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 ...

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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 ...

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Criminal – Revocation Of Suspended Sentence – Inability To Pay Restitution – Sufficiency – Reversal (access required)

Where the parties agree that defendant’s failure to make his restitution payments for his crime of embezzlement were not willful, but were the result of his failure to make sufficient income to pay on the schedule ordered by the circuit ...

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Domestic Relations – Guardian Ad Litem Fees – Custody Hearing (access required)

Where the circuit court judge appointed a guardian ad litem to represent the minor child when custody of the child was litigated incident to the parents’ divorce proceeding, and the father was ordered to pay 80 percent of the guardian ...

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Evidence – Minor Rape Victim – Out-Of-Court Complaint (access required)

Although the alleged child victim of rape did not testify in court, her out-of-court complaint nevertheless is admissible in court because the complaint corroborates, not the testimony of the victim, but the occurrence of the crime. The five-year old victim’s ...

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