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Opinion Digests

Workers' Comp – Occupational Disease – Carpal Tunnel (313450) (access required)

A garment worker who had to sew 300 dozen units of elastic on long underwear during each shift gets workers’ comp benefits for her occupational disease of bilateral carpal tunnel syndrome. Award affirmed. J.E. Morgan v. Enrights (Per Curiam) No. ...

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Rehearing Granted (313466) (access required)

On Nov. 29, 1995, the Virginia Court of Appeals granted a rehearing en banc in Graves v. Commonwealth, Record No. 0089-94-1, VLW 095-7-703. A digest of the original panel opinion appeared at 10 VLW 531, Oct. 23, 1995. The panel ...

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Criminal – Discovery – Prosecutor's Nondisclosure (access required)

The trial court erred in failing to set aside defendant’s conviction for abduction with intent to defile because the commonwealth failed to provide defendant with the victim’s earlier statement, which was exculpatory and inconsistent with the victim’s trial testimony. The ...

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Jury & Jurors – Driving After HO Order – Racial Bias – Peremptory Strikes – DUI Acquittal (access required)

At defendant’s trial for driving after having been declared an habitual offender, the trial court did not err in rejecting the prosecutor’s stated reason for striking a female African-American juror, that she had a personal friendship with defendant’s mother-in-law; while ...

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Criminal – Mini-Warehouse B&E – Co-Defendants' Testimony (access required)

A defendant who was convicted, based on testimony of his co-defendants, of attempted break-ins of nine units at a mini-warehouse storage facility, has convictions for attempted breaking and entering in the nighttime reversed. There is evidence that this defendant committed ...

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Domestic Relations – Stepparent Adoption – No Consent From Mother (access required)

The Circuit Court can hear this petition for a stepparent adoption over the objection of the child’s biological mother; the petition need not be transferred to Juvenile Court for a consideration of termination of the biological mother’s rights. Unlike petitions ...

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Insurance – Policy Conditions – Duty To Notify – 10-Month Delay (access required)

An insurance company wins summary judgment on a policy claim because the policyholder failed for 10 months to give the company notice of an occurrence upon which a claim was based, and that material breach of the insurance policy precludes ...

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Civil Practice – Venue – Regular Conduct Of Business (access required)

A company’s purchase in Richmond of parts for company equipment, amounting to less than 1 percent of the company’s annual $10 million in purchases, and its occasional dispatch of company personnel to pick up parts on an emergency basis, makes ...

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Domestic Relations – Adoption By Stepfather – No Applicable Statute (access required)

A stepfather who formerly believed a child was his biological daughter with his ex-wife, and who petitions the court to adopt the child, who now lives with her mother and a new stepfather, cannot petition for adoption. Virginia’s adoption statute, ...

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Civil Practice – Guardian Ad Litem – 'Do Not Resuscitate' Order (access required)

The court denies the petition of a guardian ad litem for a “severely neurologically devastated” infant to place a “Do Not Resuscitate Order” in the infant’s medical chart so that if the infant’s heart stops beating, no measures need be ...

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