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Opinion Digests

Criminal – Rape – Defendant's Proffer – Wrong Perpetrator (access required)

Defendant’s rape conviction is reversed because the trial court did not permit him to present a photograph of a third person who resembled defendant (who was identified from a composite drawing), who also lived in the same apartment complex as ...

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Domestic Relations – Child Support – Deviations From Guidelines – New Husband's Income – Father's Misrepresentation Of Income (access required)

The trial court did not err in deviating from the statutory child support guidelines, Va. Code § 20-108.1 because the mother was “free…] from ordinary expenses due to her husband’s income.” The court’s order contained a written finding to this ...

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Criminal – Jury & Jurors – Replacement Juror – Use Of Already Stricken Juror (access required)

A defendant’s robbery-related criminal convictions are reversed because the trial court replaced a juror unable to serve with another juror who previously had been peremptorily struck from the venire. We hold that the trial court, by employing this replacement method, ...

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Criminal – Alibi Defense – Burden Of Proof – Assault & Battery (access required)

Although the trial court made certain comments indicating he did not believe the defendant proved her alibi defense beyond a reasonable doubt, the judge’s comments as a whole indicated that he was aware of and applied the proper standard for ...

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Search & Seizure – Auto Search – Club Parking Lot (access required)

The defendant was not illegally seized when a police officer approached his car parked in a club parking lot, questioned defendant and visually inspected the interior of the car. The officer saw defendant in his car while conducting surveillance at ...

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Traffic Offenses – DMV Driving Record – Hearsay Objection (access required)

At his trial for driving on a suspended license, a defendant’s DMV driving record was admissible to prove his prior convictions of driving on a suspended license and that he was “notified by law enforcement” of the suspension of his ...

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Workers' Comp – Medical Treatment – Unauthorized Chiropractor (access required)

A claimant who called his employer’s claims administrator from his chiropractor’s office two weeks after his work-related injury to say that he knew the chiropractor was not on the employer’s approved list of doctors, but claimant wanted to see him ...

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Criminal – Forgery & Uttering – Check Drawn On Non-Existent Account (311335) (access required)

A defendant’s forgery and uttering convictions are affirmed for defendant’s cashing a payroll check drawn on a company account that no longer existed. Based on Fitzgerald v. Commonwealth, 227 Va. 171 (1984), we hold that the commonwealth presented evidence that ...

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