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Opinion Digests

Civil Practice – Venue – Church Attendance (access required)

A defendant’s church attendance two or three times weekly in the City of Richmond is sufficient to maintain venue in the city under Va. Code § 8.01-262. The court rules that two or three visits per week to church is ...

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Civil Practice – Nonsuit – Entry Of Order – Time Limit To Refile (access required)

Although counsel and the court labored under the misapprehension that a formal order of nonsuit had been entered in this case, the court denies defendant’s motion to now enter an order nunc pro tunc to July 7, 1994, the date ...

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Search & Seizure – Airport – Consent To Search Luggage (access required)

A police officer’s approach toward defendant in a tunnel leading from an airport was a consensual encounter and the defendant’s consent to have his suitcase searched was voluntary so that the results of the search need not be suppressed. The ...

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Unemployment Comp – Reopening Case – Discharge For Misconduct (access required)

The Virginia Employment Commission did not have authority, on its own and without a request from a party, to reopen a case, and the commission’s earlier order awarding a claimant benefits is reinstated. There are rules of the commission which ...

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Traffic Offenses – DUI – Double Jeopardy – ALS (312212) (access required)

Consumer Protection Va. Home Solicitation Sales Act – Heir Locator Service A man may void a contract he signed at home allowing an heir locator service to pursue the man’s hitherto unidentified interest in an estate because the contract did ...

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Workers' Comp – Injury By Accident – Knee Injury – Medical History (access required)

A steam fitter’s testimony about a fall at work has established an injury by accident and he will receive benefits for his knee injury. The claimant has clearly described two falls within a period of approximately one week which occurred ...

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Traffic Offenses – DUI – Double Jeopardy – Administrative Suspension (312244) (access required)

Four Fairfax County drivers whose licenses were suspended for seven days under Va. Code § 46.2-391.2 may not be prosecuted for DUI under Code § 18.2-266 because such a prosecution would violate the defendants’ double-jeopardy protection. Each defendant asserts that ...

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Civil Practice – Nonsuit – No Service Of Process – Refiling Suit (access required)

A plaintiff who nonsuited her first personal-injury action without serving process within one year may refile her suit within the six-month extension of the limitation period under the nonsuit statute, Va. Code § 8.01-229(E)(3). The trial court dismissed the refiled ...

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