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Opinion Digests

Social Security – Child's SSI Benefits – Learning Disabilities (access required)

A child’s application for supplemental social security benefits under Title XVI, 42 U.S.C. § 1381-1383c, is remanded because the ALJ failed to consider the combined effect of the child’s severe cognitive impairment and her moderate impairment in concentration. The difficulty ...

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Civil Rights – Military Service – 'Don't Ask, Don't Tell' Policy – Homosexual Naval Officer (access required)

The United States Navy’s policy toward homosexuals in the military, 10 U.S.C. § 654, which discourages military personnel from inquiring about a service member’s homosexual orientation, or a service member from offering information about the service member’s own homosexual orientation, ...

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Social Security – 'Good Cause' For Remand – Claimant's Limited Vision – Vocational Options (access required)

A visually impaired woman’s social security case is remanded because the Administrative Law Judge failed to question the vocational expert about the impact of the woman’s migraine headaches on her ability to perform certain jobs. If claimant’s only physical restriction ...

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Civil Practice – Discovery – 'Internal Audit' Documents – Attorney Work-Product (access required)

A defense lawyer is not required to produce for discovery his “letters of engagement” hiring an accountant to investigate and report on defendant business’s financial condition; both the letter and the accountant’s report are attorney work-product and are protected from ...

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Search & Seizure – 'Community Caretaker' – Investigatory Stop (access required)

A police officer cannot rely on the “community caretaker” exception to justify his stop of a pickup truck that was traveling partially on the shoulder of a road and partially in a private yard. The officer maintained he stopped the ...

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Evidence – Impeachment Of Party-Witness – Prior Felony Conviction (access required)

A defense verdict in a personal injury case is reversed because the trial court allowed the defendant to show that the plaintiff, who was the passenger in her husband’s pickup truck, previously had been convicted of the felony of fraud. ...

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Domestic Relations – Spousal Support Terminated – Income Increase – Early Retirement (access required)

Spousal support for wife was properly terminated where wife’s income had increased dramatically since the original support determination and husband had taken early retirement. When the parties were divorced, husband was ordered to pay $1,000 per month spousal support. At ...

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Workers' Comp – Return To Work – Psychological Problems (access required)

The treating physician’s opinion that defendant’s fall onto his buttock and knee did not cause his psychological problems supported the commission’s decision that claimant could return to his pre-injury work. The commission accepted the opinion of the treating physician that ...

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Criminal – Juvenile Transfer Hearing – Notice To Defendant (access required)

A juvenile’s conviction for malicious wounding is vacated because the trial court violated Va. Code § 16.1-269 when it conducted a review of the juvenile court transfer hearing without giving defendant any notice or opportunity to be heard and that ...

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