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Opinion Digests

Evidence – Witnesses' Credibility – Expert Testimony (access required)

Defendant’s convictions, including second-degree murder and robbery, are reversed because the trial court erroneously allowed expert testimony to bolster a prosecution witness’s credibility. In proffering the expert, it was the prosecutor’s intent to bolster the credibility of a witness who ...

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Workers' Comp – Claimant's Resignation – Work After Injury (access required)

A night manager at a grocery store who continued to perform her pre-injury job after her work-related accident is not entitled to workers’ comp benefits based on her physician’s assertion, after claimant’s voluntary resignation from her job, that she in ...

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Workers' Comp – Injury By Accident – Pipe-Layer (access required)

A coal company employee who experienced “a pain in his groin” as he was assisting two co-workers in laying pipe has proven an injury by accident, through his own testimony and corroborating testimony from his co-workers, and claimant is entitled ...

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Workers' Comp – Limitations – Equitable Estoppel – Claimant's Credibility (access required)

The commission was entitled to discredit claimant’s contention that she did not receive her “blue letter” notifying her about filing a claim or other correspondence from the carrier with a memorandum of agreement; these contentions were not credible in light ...

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Evidence – Party Admission – Marijuana Manufacture – 'Legalize Marijuana' Ad – Open Field (access required)

A trial court erred at defendant’s trial for marijuana manufacture when the court admitted into evidence a newspaper advertisement defendant placed seven months after his arrest that stated, “Pot smokers don’t deserve to be in prison. How are we criminals?” ...

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Workers' Comp – Unauthorized Physician – Medical Expense Payments (access required)

An employer did not have to pay certain medical expenses because the claimant did not present evidence to prove that he sought unauthorized treatment in good faith, that the treating physician rendered inadequate treatment, or that the unauthorized treatment received ...

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Traffic Offenses – DUI – Certificate Of Analysis – Offer Of Continuance (access required)

Although the trial court offered a DUI defendant a continuance so the commonwealth could provide him with a copy of the certificate of analysis, the offer of continuance did not cure the commonwealth’s failure to strictly comply with Va. Code ...

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Criminal – Firearms Sale – Police 'Sting' Operation (access required)

A gun dealer who purported to make a “private sale” of a friend’s weapon to an undercover police investigator was not exempt from performing the required criminal-record check of the gun purchaser under Va. Code § 18.2-308.2:2, and the dealer’s ...

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