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Opinion Digests

Insurance – UM Coverage – Owned Vehicle (access required)

Where Nationwide Mutual Insurance Company, one of two uninsured motorist carriers in this auto accident liability case, invoked a set-off provision in its UM endorsement to assert that it had no further liability to a decedent’s administrator because the carrier ...

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Administrative – Va. Attorney General – Representation Of State Agency – Conflict Of Interest – Appointment Of Special Counsel (access required)

Where the governor of the commonwealth stated in an executive exemption order that the attorney general had a conflict of interest with the Virginia Retirement System, a client state agency, because she had made certain public criticisms of the agency, ...

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Workers' Comp – Occupational Disease – Torn Rotator Cuff Muscle (access required)

Upon reconsideration of the record, briefs an argument of counsel, the court is of opinion that, for reasons stated in Merillat Industries Inc. v. Parks, (Va.S.Ct., Nov. 5, 1993), the Court of Appeals erred in holding that a torn rotator ...

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Criminal – Double Jeopardy – Earlier Reversal For Prosecutorial Misconduct – Conviction Of Lesser Offense (access required)

Although defendant’s earlier conviction for first-degree murder and use of a firearm was reversed by a panel of this court because the prosecutor’s “repeated questions, which interjected irrelevant and inflammatory implications about [defendant] into the case” may have prejudiced the ...

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Criminal – Search & Seizure – Detention At Apartment – Enhanced Penalty – Prior Convictions (access required)

Where defendant refused to leave an area secured by police officers executing a search warrant for drugs in an apartment, this failure and defendant’s questions gave the officer reasonable suspicion necessary to investigate further why defendant failed to follow is ...

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Domestic Relations – Child Support – Deviation From Guidelines – Arrearage (access required)

Where husband, who earned $63,000 annually in his position with the Federal Aviation Administration, failed to substantiate his claims of financial losses he suffered from side jobs such as farming, construction work and apartment rental, the trial court was not ...

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Workers' Comp – Average Weekly Wage – Casual Employment (access required)

Where claimant, a painter and carpenter who worked for employer both as an employee and as an independent contractor, offered uncontradicted testimony that from Oct. 19, to Nov. 2, 1992, he earned $25 per hour and worked 40 hours per ...

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Criminal – Search & Seizure – Warrantless Home Search – Exigent Circumstances – Report Of Burglary (access required)

Where the police went to defendant’s house on a neighbor’s report that the front door of defendant’s house was open and he had not been seen for two days, and the police, after knocking and announcing their presence several times, ...

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