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Opinion Digests

Rehearing Granted (312762) (access required)

On Aug. 21, 1995, the Virginia Court of Appeals granted a rehearing en banc in O’Toole v. Commonwealth, (VLW 095-7-495), Record No. 2347-93-1. A digest of the original panel opinion appeared at 10 VLW 103, July 3, 1995.

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Criminal – Cocaine & Firearm Under Pillow – Constructive Possession (access required)

A defendant had constructive possession of a tissue-paper package of cocaine and a .357 revolver found under a pillow about 12 inches from the defendant’s head in a motel room search by police, and the defendant’s conviction for possession of ...

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Domestic Relations – Shared Custody – Definition Of 'Day' – Solar Day (access required)

The word “day” used in Virginia’s “shared custody” statute, Va. Code § 20-108.2, means “any continuous, 24-hour period,” and the trial court did not err in declining to give a noncustodial father credit under the statute for his daughter’s midweek ...

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Domestic Relations – Equitable Distribution – Classification – 'Retirement Incentive Pay' (access required)

In the absence of a transcript or written statement of the commissioner’s hearing or pertinent trial court proceedings, this court cannot review husband’s complaint that the trial court erred in classifying as marital property certain “retirement incentive pay received by ...

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Civil Practice – Discovery – Attorney's Fees – Requests For Admission (access required)

A town that denied a county water authority’s requests for admission in the authority’s pursuit of a Virginia FOIA request is liable for $16,481 in attorney’s fees and costs. The case involved a request for records submitted by the Fauquier ...

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Traffic Offenses – DUI – Certificate Of Analysis – Attestation (access required)

A certificate of analysis in this DUI case was properly attested under Va. Code § 18.2-268.7 where the signature of the Director of Forensic Science followed the word “teste” on the certificate. Defendant’s reliance on Frere v. Commonwealth, 19 Va. ...

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Creditor's Rights – Garnishment – Debtor's Storage Locker (access required)

A judgment creditor’s garnishment summons issued to a “self-storage” facility where the debtor maintained property is dismissed because there is no indication that the judgment debtor has any right of recovery against the storage facility. There was no service of ...

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Property – Real Estate Assessments – Filing For Corrections (access required)

A property owner seeking relief from an allegedly erroneous real estate assessment can take advantage of a 1992 amendment to Va. Code § 58.1-3984 to file a petition challenging roll-back assessments made in October 1994. The motions and the plea ...

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