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Opinion Digests

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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Criminal – Drug Possession – Jury Trial Waiver – Lesser Offense (access required)

Defendants, a couple charged with cocaine possession and marijuana manufacture, were not entitled on the morning of their scheduled bench trial to withdraw their jury trial waiver and have their case heard by a jury. The defendants’ waiver at arraignment ...

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Search & Seizure – Investigatory Traffic Stop – Erratic Driving (access required)

The police officer was justified in stopping defendant before he proceeded from an apartment complex parking lot onto a public highway after the officer had observed the defendant, at 3:00 a.m., accelerating and slowing at least a half-dozen times as ...

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Workers' Comp – Change In Condition – Return To Work (access required)

Although the independent medical examiner said claimant could return to his pre-injury work after a foot injury, there is no evidence that physician was provided with a job description detailing claimant’s pre-injury work as a heavy construction worker or that ...

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Domestic Relations – Deposition Notice – Due Process (311366) (access required)

Although wife said she did not receive notice of the taking of her husband’s deposition because the notice was mailed to an attorney who no longer represented her, the wife was not denied due process or the opportunity to present ...

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