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Author Archives: Virginia Lawyers Weekly

Criminal – Search & Seizure – Auto Search (access required)

Where the officer initially observed defendant driving with a can of beer in his hand, and he pulled defendant over to issue an open container citation, and the officer then noticed defendant hand something in a small velour bag to ...

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Criminal – Cocaine Possession – Sufficiency – Fake Crack Cocaine (access required)

Although the “crack cocaine” which the undercover officer sold to defendant was in fact wax which resembled crack and which was packaged in vials, there nevertheless was sufficient evidence to convict defendant of attempt to possess cocaine. The evidence establishes ...

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Criminal – Evidence – Other Crimes – Cocaine Sales – Reversal (access required)

Where the trial court allowed the prosecution to have a witness testify that he had purchased cocaine from defendant on two or three occasions at the same residence from which the cocaine in this prosecution was seized, with the last ...

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Criminal – Evidence – Prior Conviction – Harmless Error (access required)

Although the trial court erred in requiring defendant to acknowledge a previous conviction for a named felony, his conviction of robbery nevertheless is affirmed. Here, the commonwealth failed to first pursue less prejudicial alternative avenues available to prove that defendant ...

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Workers' Comp – Medical Evidence – Sanction Against Employer Reversed (access required)

Where claimant’s description of his fall and injury was corroborated by medical evidence describing the injury and resulting disability, the award of benefits is affirmed. However, we reverse the award of attorney’s fees to claimant. Although he prevailed before the ...

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Criminal – Fifth Amendment – No Proffer (access required)

Where a defense witness at defendant’s trial for cocaine distribution told the court that he intended to exercise his Fifth Amendment privilege not to testify, but defendant made no proffer of the proposed relevant question to the witness that would ...

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