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Opinion Digests

Criminal – Discovery – Murder Victim's Psychiatric Records (access required)

The trial court did not abuse its discretion by refusing to issue a subpoena duces tecum to obtain the murder victim’s psychiatric records because defendant’s affidavit did not establish a substantial basis for claiming that the victim’s psychiatric records contained ...

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Evidence – Hearsay – 'Opening The Door' (access required)

Although defendant contends the officer who arranged the drug buys by a confidential informant and swore out the affidavit for the search warrant made reference to certain hearsay evidence from the affidavit and this “opened the door” for defendant to ...

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Criminal – First-Degree Murder – Cross-Exam Of Witness – Dispute Between Witness & Wife (309803) (access required)

1994 V.C.A. (VLW 094-7-461) Christiansen v. Metro Bldg. Supply Inc. Rehearing Granted On Sept. 12, 1994, the Virginia Court of Appeals granted a rehearing in Christiansen v. Metro Bldg. Supply Inc., VLW 094-7-461, Record No. 1949-93-4. A digest of the ...

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Negligence – Slip & Fall – Parking Lot Maintenance (access required)

Although defendant store operator contends that it was not the owner of the parking lot and therefore it had no duty to maintain the lot free of ice and snow, the court concludes that there is an issue of fact ...

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Traffic Offenses – DUI – Private Driveway – Drive-Through At Restaurant (access required)

Where the deputy, after hearing a disturbance from defendant’s car while waiting in line at a restaurant drive-through observed a strong odor of alcohol in the car defendant was driving, defendant cannot be convicted of DUI because she was not ...

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Bankruptcy – Automatic Stay – Refiling State Action (access required)

Where the bankruptcy court assumed jurisdiction over plaintiff’s petition to compel turnover of property of the estate in 1993, that initial assumption of jurisdiction enabled plaintiff to refile an action in state court, which plaintiff effected within the time fixed ...

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Commercial – Domestic Relations – Parents' Down Payment – Demand Note – Infancy Defense (309867) (access required)

1994 V.C.C. (VLW 094-8-229) Gaither v. Gaither Domestic Relations Paternity – Divorce Decree’s Recitation – Collateral Estoppel Where the parties’ final divorce decree recited that the child is a “child born of the marriage of the parties,” this recitation constitutes ...

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Intellectual Property – Color Transparencies – Conversion – Bailment (access required)

Where there is an underlying dispute concerning whether plaintiff in fact copyrighted color transparencies which he allegedly loaned to defendant for its “one-time-only” use in a brochure, or whether any copyright arose as a matter of law, to the extent ...

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Medical Malpractice – Tolling Provisions Repeal – Retroactivity (access required)

Where two medical malpractice plaintiffs filed their notices of claim in spring 1993, prior to the July 1, 1993 effective date of the repeal of the Virginia Medical Malpractice Act’s tolling provisions in Va. Code § 581.9, but the plaintiffs ...

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