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Opinion Digests

Taxation – Civil Practice – Discovery Request – Expert On Property Valuation (access required)

A trial court considering a taxpayer’s challenge to an assessment on an Arlington County apartment complex did not err in refusing to require the county to provide the taxpayer with “tax worksheets for all commercial properties whose expenses exceeded those ...

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Criminal – Malicious Wounding – Wife Attacked (access required)

A man who argued with his estranged wife, held her up by the neck against a wall until she lost consciousness, then beat her, had the requisite intent to maim or kill her as required for malicious wounding. Defendant was ...

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Workers' Comp – Causation – Prior Compensable Injury (access required)

The commission did not err in finding claimant’s current neck injury causally related to his 1993 cervical injury. The medical reports and deposition testimony of the several physicians provide credible evidence to support the commission’s finding that claimant suffered a ...

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Domestic Relations (313334) (access required)

Pension Benefits The parties’ property settlement agreement was properly construed to grant wife a 50-percent interest in husband’s pension plan. Husband’s interpretation of the agreement that he agreed to share with wife 50 percent of something in which he had ...

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Workers' Comp – Release To Pre-Injury Employment – Request For Hearing (access required)

The commission did not err in making an “on the record” determination after claimant missed the 10-day deadline for requesting an evidentiary hearing, and this court affirms the termination of claimant’s benefits because his physician released him to his pre-injury ...

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Workers' Comp – Injury By Accident – Slip & Fall – Back Injury (access required)

A claimant’s testimony that she slipped and fell on a wet floor at work is not enough to prove a workplace injury, where two co-workers testified that they had not observed or heard about such an incident, and medical forms ...

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Criminal – Marijuana Possession – Constructive Possession (313382) (access required)

Domestic Relations Civil Contempt – Continuance To Obtain Counsel A trial court did not err in refusing to continue the civil contempt hearing in order for wife to obtain counsel where wife was given a month’s notice of the hearing ...

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Search & Seizure – Private Security Guard – No Seizure (access required)

A defendant’s Fourth Amendment rights were not violated when he was arrested for trespass by a private security guard and subsequently found to have marijuana. There is no evidence that the guard acted under color of governmental authority. From the ...

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Search & Seizure (313414) (access required)

Auto Search Incident To Arrest Police had probable cause to stop the car in which defendant was riding, based on a tip from a reliable confidential informant about drug sales by two black men in a car with a specific ...

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Workers' Comp – Permanent Disability – Limitations (access required)

An application for permanent disability benefits was untimely even though the commission’s opinion erroneously specified the last date which claimant received benefits, which is the date from which the limitations period runs; we find nothing in the record to support ...

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