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Opinion Digests

Contract – Labor & Employment – Non-Compete Agreement (access required)

Where plaintiff insurance sales firm sued two former employees alleging breach of an employment contract, conspiracy to interfere with the firm’s contractual relations with its pension plan customers, intentional interference with the firm’s business relations with its pension plan customers ...

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Civil Practice – Racial Bias In Jury Selection – 'Sense Of Jurors' – Reasons For Strike Not Race-Neutral (access required)

Where defense counsel in this automobile liability case struck all three African-American members of the venire, and offered as his reasons, “just intuitive reasons, the way people look, they-just a sense…,” and also made a general reference to their occupations, ...

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Criminal – Sentencing – Prior Acquittal On Different Charge (access required)

Where the trial court, in sentencing defendant on his plea of guilty to solicitation to commit a felony and grand larceny, considered defendant’s prior acquittal on another criminal charge as part of the “history of the accused” under Va. Code ...

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Domestic Relations – PSA – Payment For Child's College (access required)

Where the parties’ property settlement agreement provided that husband agreed “to establish a fund or in some other similar manner provide for a college education of the parties’ infant children for their attendance at the appropriate time of their individual ...

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Criminal – Juror Overhearing Pretrial Information – Mistrial Denied (access required)

The trial court did not err in denying a mistrial at defendant’s trial for attempted breaking and entering a grocery store where a juror, prior to being selected, overheard two or three bailiffs discussing a probation violation. The juror unequivocally ...

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Domestic Relations – Husband's Alleged Fraud – Disclosure Of Assets (access required)

Although wife alleges husband fraudulently failed to disclose certain assets owned by him at the date of the couple’s separation, wife failed to carry her burden to demonstrate fraud by clear and convincing evidence, and the trial court did not ...

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Domestic Relations – Equitable Distribution – Valuation Of Family Nightclub – Custody – Sole Custody With Mother (access required)

Where wife’s valuation of the nightclub owned by the couple at $20,000 was uncontradicted, and there was evidence that the volume of beer purchased for sale had remained steady, and although business in the last two months had been slow, ...

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Criminal – Marijuana Possession & Manufacture – Sufficiency – Reversal (access required)

Where police discovered two plastic baggies of marijuana in different parts of the house, rolling papers, a smoking pipe and tweezers, two hand-held scales, fertilizer and garden tools as well as a marijuana plant drying in a camper, the evidence ...

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