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Opinion Digests

Criminal – Capital Murder – Voir Dire On Parole Eligibility (access required)

The capital murder conviction and death sentence are affirmed for a Portsmouth drug abuser who fatally shot a clerk at a sandwich shop who “laughed at” the defendant while the defendant was robbing the shop. Defendant argues that the court ...

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Traffic Offenses – Third DUI Offense – Uncounseled Misdemeanor Convictions (access required)

A defendant’s conviction and sentence enhancement for a third DUI offense under Va. Code § 18.2-266 is reversed because the trial court used prior uncounseled misdemeanor DUI convictions that included conditionally suspended jail sentences. Defendant was convicted of driving under ...

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Criminal – Robbery – Duress Defense – No Jury Instruction (access required)

Although defendant contended that people to whom he owed money confronted him at a service station and demanded payment on threat of harming defendant’s family, and that these and other threats prompted him to immediately rob a restaurant across the ...

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Workers' Comp – Causation – Stroke Two Weeks Later (access required)

The claimant did not meet his burden of proving that the stroke he suffered 14 days after his work-related accident was caused by that accident, and his medical treatment and disability from that strike are not compensable. Denial of benefits ...

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Domestic Relations – Continuance To Employ Counsel – Abuse Of Discretion (access required)

The trial court abused its discretion in denying wife a continuance to employ counsel where the wife represented that although she presently had no funds to retain counsel, she was to receive money that would permit employment of counsel and ...

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Evidence – Other Crimes – Weapon Possession (access required)

The trial court did not err in this malicious wounding case in admitting evidence of another shooting, in which defendant was involved and in which the victim died, to show that defendant was in possession of the same gun used ...

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Criminal – Firearm Purchase Form – Materially False Statement (access required)

Although the defendant, when purchasing a firearm, misrepresented that he was not currently under indictment or charged with a felony, his statement came in response to an inquiry not authorized by the statute regulating firearm purchase, and therefore was not ...

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