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Opinion Digests

Administrative – Procedural Default – Service On Agency Secretary (access required)

The trial court could not consider a challenge to a state agency’s issuance of a pollution-abatement permit to a hog-feeding facility because the person bringing the challenge did not properly serve the notice of appeal or complaint on the secretary ...

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Search & Seizure – Knock & Announce – Two-Second Wait (access required)

A drug conviction is reversed because police executing a search warrant failed to wait more than two or three seconds after knocking and announcing their presence before making a forced entry. “For police officers to wait only two or three ...

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Criminal – Speedy Trial – Direct Indictment (access required)

A defendant who was directly indicted, without a prior arrest on cocaine charges, had to be tried within nine months of that indictment under Virginia’s speedy trial statute, and his conviction is affirmed despite his claim that he was not ...

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Evidence – Hearsay – Victim's Statement – Murder (access required)

At defendant’s trial for the murder of his half-brother, a cousin’s statement about why the police were not called when defendant earlier assaulted the victim was not hearsay, and the trial court did not err in allowing the cousin’s statement. ...

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Workers' Comp – Marketing Residual Capacity – Medical Payments (access required)

Claimant was entitled to temporary total benefits based on the commission’s acceptance of claimant’s only treating physician during the period between October 1993 to February 1995, who concluded that claimant was unable to work. However, the court also affirms the ...

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Traffic Offenses – DUI – Double Jeopardy – License Suspension (access required)

An administrative suspension of defendant’s driver’s license under Va. Code § 46.1-391.2 “does not constitute a punishment and is a separate proceeding from the prosecution for driving under the influence of alcohol,” and defendant’s prosecution on a criminal charge of ...

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Civil Practice – Remedies – Alternative Theories (access required)

A defendant nursing home may not compel plaintiff administrator to elect between the personal injury and wrongful death claims that she has pled. Under Va. Code § 8.01-281, plaintiff may prove alternative and conflicting facts and claims and remedies. She ...

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Tort – Va. Tort Claims Act – Notice Of Claim (access required)

A student at George Mason University has provided sufficient notice of her claim against the school under the Virginia Tort Claims Act, Va. Code § 8.01-195.6, in a notice stating that she slipped and fell at about 1:00 p.m. on ...

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Labor – FLSA – Overtime Wages – Administrative Exemption (access required)

A woman seeking unpaid overtime wages under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., was not an “exempt employee” because she did not customarily and regularly direct the work of two or more employees, and did ...

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