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Opinion Digests

Traffic Offenses – Driving After HO Order – Restricted Privileges (access required)

A driver who was adjudicated an habitual offender did not lose that HO status when he was granted a restricted driver’s license under Va. Code § 46.2-360(2), and his conviction of driving after being adjudicated an habitual offender is affirmed. ...

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Search & Seizure – Traffic Stop – N.Y. Registration (access required)

A police officer presented a reasonable and articulable suspicion for stopping a car when he testified that he had seen the car in a particular Danville neighborhood for “about six months” and he wanted to inquire of the driver when ...

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Workers' Comp – Job Application Misrepresentation – Prior Back Injury – Work-Related Head Injury (access required)

A trucking company employee who indicated in a job application that he had no physical limitations, when in fact he had filed a lawsuit alleging a broken back and permanent disability, is nevertheless not barred from collecting workers’ comp benefits ...

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Workers' Comp – Arising Out Of – Slip & Fall – Correctional Officer (access required)

A prison correctional officer whose job required him to conduct regular security checks in which he observed prison guard towers to make sure guards were on duty and alert is entitled to workers’ compensation for a fall he suffered on ...

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Criminal – Witness Credibility – Alibi Defense (access required)

A defendant’s alibi defense was not credible to the trial judge, as fact finder, and the judge’s acceptance of the testimony of two other participants with defendant in a series of burglaries allows an affirmance of his burglary convictions. Haynes ...

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Criminal – Appeals – Rule 5A:18 (312103) (access required)

Because defendant did not raise his challenge to his indictment in the trial court, the Court of Appeals is barred under Rule 5A:18 from considering his claim that the indictment charging him with robbery of “U.S. currency” was fatally defective ...

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Domestic Relations – Visitation – 'Special Event' Visits (access required)

The parties’ property settlement agreement allowing the father to designate six “special event” days for extra visitation with his daughter may be invoked by the father for any “special event” he wants to attend with the children, provided he give ...

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Unemployment Comp (access required)

No Benefits For Strikers Although petitioners contend they are not active union members, they nevertheless cannot qualify for unemployment benefits because they were unemployed during a union strike of their company. There is no question that a labor dispute over ...

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