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Opinion Digests

Criminal – Sentencing Enhancement – Petit Larceny (access required)

Although defendant had two prior convictions for issuing bad checks, the trial court erred in considering these prior convictions to enhance defendant’s sentence for a third bad-check conviction under Va. Code § 19.2-297. Under that statute, only a conviction of ...

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Domestic Relations – Parental Rights Termination – Prolonged Foster Care (access required)

The trial court did not err in terminating the mother’s and father’s residual parental rights due to the children’s prolonged stay in foster care and the parents’ inability to remedy the conditions that led to the removal of the children ...

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Domestic Relations – PSA – Survivor's Benefit (access required)

Although a property settlement agreement referenced a husband’s retirement benefit as a benchmark for ascertaining agreed spousal support, the agreement clearly does not require husband to provide wife with survivor benefits under his retirement plan, and the trial court erred ...

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Criminal – Jurisdiction – Transfer From J&DR Court – Mental Capability Check (access required)

A teenager may not overturn his murder conviction by alleging that the Juvenile and Domestic Relations Court failed to properly investigate his mental capability, based on a school record showing the teenager’s placement in a special class. The only reference ...

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Criminal – Firearm Transfer – False Statement – Request For Pardon (access required)

Although defendant claims he had requested a pardon and expungement of his criminal record, the request was not enough to relieve him of the obligation to truthfully answer that he had a felony conviction in the consent form required for ...

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