Quantcast
Home / Opinion Digests (page 3548) /

Opinion Digests

Employment – Pension – Termination Prior To Vesting (access required)

Where plaintiff terminated his covered employment just nine months before his 45th birthday, when his pension rights would have vested, the trustees’ denial of benefits based on its reasonable interpretation of the plan is affirmed. Plaintiff was given adequate notice ...

Read More »

Criminal – Burglary – Grand Larceny – Opportunity – Maintenance Man (access required)

We awarded appellant an appeal from the judgment of the Court of Appeals limited to the question whether the evidence was sufficient to support appellant’s convictions of three burglaries and three grand larcenies. Upon consideration of the record, briefs, and ...

Read More »

Property – Public Road Dedication – Implied Acceptance (access required)

Where the original grantors in 1966 dedicated a portion of Hanover County land to the commonwealth for a public road and two years later conveyed a 50-foot strip of that land to a tractor company, but the commonwealth ultimately took ...

Read More »

Workers' Comp – Residual Work Capacity – Claimant's Proof Of Job Search (access required)

Although claimant, a roof assembler, said that he looked for a suitable job between August 1992 and July 1993 by registering with the Virginia Employment Commission, reading the newspaper and knocking on doors, and that he made three to five ...

Read More »

Criminal – Possession Of Cocaine – Intent To Distribute – Lesser-included Offense – Informant (access required)

Where the commonwealth failed to produce at trial an informant who participated in a controlled purchase of cocaine from defendant and defendant was charged with distributing cocaine in violation of Va. Code § 18.2-248 but actually convicted of possession with ...

Read More »

Criminal – Speedy Trial – Credit Card Theft (access required)

For the reasons stated in the original majority opinion, 443 S.E.2d 183 (1994), the court affirms the judgment of the trial court. Judges Benton and Barrow, for the reasons stated in Judge Benton’s dissent from the original decision, would reverse ...

Read More »

Criminal – Evidence – Co-Conspirator Hearsay Statements – Conspiracy Proof (access required)

The trial court did not err in admitting hearsay declarations by defendant’s co-conspirators regarding a plan to kill defendant’s husband for molesting their infant daughter because one of the co-conspirators’ testimony about a meeting with defendant, her sister and a ...

Read More »

Criminal – Robbery – Victim's Prior Assaults (access required)

Although defendant and his brother testified that defendant took no money or property from the victim, who previously had stolen defendant’s auto, and the brother and another witness said there was glass in the window through which the victim escaped ...

Read More »

Workers' Comp – Arising Out Of – Back Injury – Identifiable Incident (access required)

Where the medical report of claimant’s treating orthopedic physician stated that claimant hurt his back when he had a coughing attack while twisting and lifting a tray of doughnuts, the report is inconclusive as to which, if any, of the ...

Read More »