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Author Archives: Virginia Lawyers Weekly

Criminal – Drug Possession – Enhanced Punishment – No Prior Conviction (access required)

Although defendant claims he cannot be subject to the enhanced punishment provision of Va. Code § 18.2-250.1 because he had not been previously convicted when he committed or was indicted for the second offense, under our recent decision in Mason ...

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Criminal – False Statements – Food Statement Application – Larceny & Perjury – Reversal (access required)

Although there was some evidence to show that defendant’s husband lived with her at some point after she applied for food stamps and fuel assistance, her convictions for false statements on those applications are reversed where the commonwealth offered no ...

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Criminal – Drug Possession – 'Imitation Drugs' – Sufficiency (access required)

Although the trial court allowed an undercover police officer to describe a substance he was selling as “imitation drugs,” this was not error and defendant was properly convicted of attempted possession of drugs for his purchase of “rock” from an ...

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Criminal – Search & Seizure – Driving After HO Order (access required)

Where the police earlier had stopped a vehicle which defendant’s companion was driving, issued the companion a citation for driving while his license was suspended, and later learned that the companion had 17 outstanding felony warrants, and the officer one ...

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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 ...

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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 ...

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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, ...

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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 ...

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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 ...

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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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