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Opinion Digests

Criminal – Capital Murder – Batson Claim – Pretrial Publicity (access required)

A prosecutor did not violate Batson v. Kentucky by striking an African-American juror who offered “brief, simplistic” responses and was “remarkably noncommunicative” during voir dire. A capital defendant was not entitled to a change of venue due to prejudicial pretrial ...

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Property – Gift Rendering Donor Insolvent – Debt Under PSA (access required)

Although a PSA required husband’s estate to pay former wife $75,000 at the time of his death, former wife cannot collect all of that money from husband’s estate because she has not proven that husband’s later conveyance by deed of ...

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Workers' Comp – Change In Condition – Credibility (access required)

The claimant proved her change in condition through her medical evidence and her own unrefuted testimony, corroborated by two co-workers and her husband, and the commission did not err in rejecting the deputy commissioner’s opinion that the claimant lacked credibility. ...

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Criminal – Evidence – Limits On Cross-exam – Insufficient Proffer (access required)

The trial court did not err in refusing to allow defendant to cross-examine the murder eyewitness on whether he was using a phony driver’s license when he was arrested for DUI after traveling to another state with defendant after commission ...

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Workers' Comp – Permanent Partial Disability – Left Leg Injury – Increase In Rating – Reopening Record (access required)

The commission did not err in declining to reopen the record to receive additional medical evidence on claimant’s application for a 40-percent increase in his permanent partial disability rating for his work-related leg injury. We agree with the commission that ...

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Criminal – Evidence – Tape Of 911 Call (access required)

The trial court did not err in admitting into evidence a tape of a “911” emergency telephone call made by defendant. The operator on duty at the time of the call testified that she “vividly” recalled receiving the call at ...

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Criminal – Speedy Trial – First-Degree Murder (access required)

The Virginia speedy trial statute does not apply to defendant’s retrial on a first-degree murder charge following this court’s earlier reversal of defendant’s first conviction on that charge. Defendant argues that the new speedy trial calculation should commence with the ...

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Criminal – Cocaine – Intent To Distribute (access required)

In this cocaine distribution case, defendant’s admission that he did not use drugs, the packaging of the four grams of cocaine into eight packets, defendant’s possession of $365 in currency in his front pocket when arrested, contrasted with $2 in ...

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