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Opinion Digests

Criminal – Robbery – Aiding & Abetting (311353) (access required)

A defendant who was present during the robbery of a couple, aiding and abetting the person who held a gun on the victims, and defendant put his hand in one victim’s pocket and removed his wallet, this overt act alone ...

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Domestic Relations – PSA Correction – Mutual Mistake (311369) (access required)

A husband failed to prove by clear and convincing evidence that a property settlement agreement requiring him to pay $200 per month in rent, in addition to the mortgage payment on the marital home that he continued to occupy, was ...

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Criminal – Attempted Capital Murder – Jury Instruction On Assault (access required)

The defendant’s repeated threats to the victim to rape her and to “blow [her] head off,” together with his pointing the gun at her head so that it went off when she pushed it away with her hand, constituted sufficient ...

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Criminal – Scope Of Cross-Exam – Assailant's Morning Routine (access required)

At defendant’s trial for breaking and entering and rape, the prosecutor did not exceed the permissible scope of cross-examination of defendant’s wife about their morning routine and whether the defendant would have been up and about during the early morning ...

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Tort – Defamation – 'Spiked' Cigarettes – Cigarette Company's Motive (access required)

Where plaintiff cigarette company alleges that it was defamed in a report by defendant’s television news magazine program that plaintiff “spiked” its cigarettes with nicotine in order to “hook” smokers, the cigarette company has stated a cause of action for ...

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Civil Practice – Nonsuit – Dismissal Without Prejudice (access required)

Although the court’s earlier voluntary dismissal of this personal injury case did not expressly state that the plaintiff was taking a nonsuit under Va. Code § 8.01-380, the court concludes that the dismissal was a nonsuit and the plaintiff has ...

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Domestic Relations – Equitable Distribution – Dental Practice Valuation – Tax Burden – PSA – Unconscionability (access required)

A divorce court’s valuation of a husband’s solo dental practice can include goodwill, but the court can reduce the $281,000 value of the practice by deducting nearly $100,000 in taxes the husband would owe if he sold the practice. In ...

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Criminal – Miranda Rights – Custody – Jail Common Area (access required)

Although defendant was in a West Virginia jail on a Virginia extradition warrant, he was not in “custody” when he gave a statement to police and consequently did not require Miranda warnings, and the police officer’s effort to “get to ...

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