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Opinion Digests

Search & Seizure – Cocaine – Fleeing Defendant (access required)

A police officer had probable cause to seize defendant after he saw him standing by a car in a drug-market area five minutes after an anonymous tip of possible drug selling by an individual meeting defendant’s description and after defendant ...

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Criminal – Grand Larceny – Robbery – Lesser-Included Offense (access required)

Defendant could not be convicted of grand larceny from the person for snatching a 20-dollar bill from a customer when robbing a diner, because his indictment only listed robbery, and larceny is not a lesser-included offense of robbery. In robbing ...

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Domestic Relations – Enforcement Of PSA – Child Support (access required)

A reading of the parties’ property settlement agreement, confined to its “four corners,” fails to support husband’s contention that the agreement is void under Kelley v. Kelley, 248 Va. 295 (1994). Unlike the agreement in question in Kelley, the parties ...

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Criminal – Purse-Snatching – Larceny From The Person (access required)

A defendant who snatched the purse of a woman in a grocery-store parking lot may not be convicted of robbery; the evidence failed to prove defendant used violence or intimidation against the victim to take her purse. The victim was ...

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Workers' Comp – Suspension Of Benefits – No Penalty For Employer (access required)

An employer is not liable for a 20-percent penalty under Va. Code § 65.2-524 for late payment of benefits owed to claimant. The employer suspended benefits upon authorization by the commission when it placed on its hearing docket the employer’s ...

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Notice (access required)

On Nov. 2, 1995, the Virginia Court of Appeals announced publication of an earlier unpublished opinion, Ryan v. Kramer, No. 2197-94-1, VLW 095-7-723, dated Oct. 24, 1995. The opinion was digested at 10 VLW 565, Oct. 30, 1995.

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Workers' Comp – Causation – Left Foot – Morton's Neuroma (access required)

Medical evidence supplied by claimant failed to establish that his left foot condition, “Morton’s neuroma,” was caused by his industrial accident. Ridgway v. Lillian Vernon Corp. (Per Curiam) No. 1353-95-1, Nov. 7, 1995; Workers’ Comp. Comm’n; Peter O. Ridgway, pro ...

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Search & Seizure – Airport Stop – Cash Ticket Purchase – Use Of Aliases – Flight After Inquiry (access required)

A police officer called by airport security was justified in stopping a defendant who fled in response to the officer’s request that the defendant stop and talk with him. A ticket agent reported to airport security that defendant, whom she ...

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