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Author Archives: Virginia Lawyers Weekly

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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Workers' Comp – Change In Condition – Medical Documentation (access required)

Where claimant failed to attach to her application for a change in condition supporting medical documentation, nor did she include the dates of her alleged disability, the commission did not err in dismissing her application. A review of the history ...

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Workers' Comp – Course Of Employment – Slip & Fall – Drugstore Security Guard – Personal Comfort Doctrine (access required)

Where claimant asked for another security guard to take over her station in the parking lot so that she might use the restroom, and claimant was hurrying up the stairs to visit the restroom when she slipped and fell on ...

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Workers' Comp – Injury By Accident – Identifiable Incident – Hearsay Evidence – Medical Histories (access required)

Although the employer contends claimant’s medical histories were introduced to impeach him, we find that the medical histories could not properly have been introduced to impeach claimant’s testimony because the omission of any information concerning a specific event resulting in ...

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Workers' Comp – Limitations – Doctrine Of Imposition (access required)

Although claimant contends that the employer’s conduct in acknowledging that claimants accident was compensable and paying benefits for 30 months, together with the fact that the employer failed to execute and file a memorandum of agreement as required by Code ...

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