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Opinion Digests

Criminal – Death Penalty Phase – Link To Other Murders – Habeas Writ Granted (access required)

Where the prosecutor during the sentencing phase of defendant’s capital murder trial testimony from a police officer and medical examiner who had investigated two recent highly publicized murders of a mother and her child in the Tidewater area linking defendant ...

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Municipal – Insurance – Negligence – Campus Flooding – Immunity (access required)

Although plaintiff insurance company alleges that defendant town of Blacksburg was responsible for flood damage on the Virginia Polytechnic Institute campus because of the town’s negligence in planning, design, engineering, construction, maintenance, service and/or repair of the town’s storm drainage ...

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Bankruptcy – Dischargeability – Consulting Business – Company Funded & Controlled By Wife (access required)

Where debtor, a consultant on obtaining government contracts, had financial difficulties in his prior business operations, and one year before he filed for bankruptcy, his wife agreed to assist him from her own financial resources by capitalizing and operating a ...

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Domestic Relations – Child Support – Finality – PSA – Husband's Equity For Child Support Waiver (access required)

Where the final divorce decree incorporated the parties’ PSA which provided that, in exchange for the husband’s $40,000 equity in the marital home, the wife would waive any child support, would never petition for child support and would hold husband ...

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Criminal – Forfeiture – Timely Filing Of Information – Jurisdiction (access required)

Where the commonwealth in these two forfeiture cases did not file an information for forfeiture within 90 days of seizure of the cash from two criminal defendants, this untimely filing of the information violated Va. Code § 19.2-386.3(A), and the ...

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Workers' Comp – Timeliness Of Appeal – Notice (access required)

Where employee was working on a construction project when he was injured, and he named both the building company and the church paying for the project in his claim, then was awarded benefits against the building company only, the building ...

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Civil Practice – Habitual Offender – Predicate Offense – Invalid Ordinance (access required)

Although defendant received a lesser punishment for a DUI conviction under a local Strasburg ordinance than he would have received under analogous state law, in that defendant received a restricted driver’s license and the state statute did not authorize this ...

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Unemployment Comp (access required)

Offer Of Suitable Work Although the position of “stocker” offered to claimant was part-time work, it nevertheless was suitable employment under Va. Code § 60.2-618(3) where the job was located within a reasonable commuting distance from claimant’s home, was offered ...

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Evidence – Impeachment – Witness' Alleged Misconduct (access required)

Where the trial court allowed the prosecutor to ask a defense witness if he had threatened the commonwealth’s witness without determining whether the question was based on a reasonable belief that the witness had made such threats, this was error, ...

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Evidence – Other Crimes – Motive & Intent – Girlfriend's Murder (access required)

Where the commonwealth introduced evidence that defendant killed his girlfriend shortly after killing another victim, a male who was romantically interested in the girlfriend, evidence of the girlfriend’s murder was properly admitted because it went to defendant’s motive, plan and ...

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