Quantcast
Home / Opinion Digests (page 3560) /

Opinion Digests

Criminal – Probation Revocation – Cocaine Use – Currency Of Lab Test (access required)

Where defendant had tested positive for cocaine use the day after sentencing, the illegal drug use occurred prior to his being placed on probation, and defendant again tested positive for cocaine eight days later, there was insufficient evidence to conclude ...

Read More »

Criminal – Enhanced Punishment – Prior Record Presentation (access required)

Although defendant, who was subjected to an enhanced punishment for her third offense of concealment, objects to the prosecution’s method of redacting the prior conviction orders submitted to the jury to establish her eligibility for a sentence enhancement, the jury ...

Read More »

Evidence – Relevance – Papers In Defendant's Wallet – Cocaine Distribution (access required)

Where a police officer testified about papers he found in defendant’s wallet, which were returned to defendant, and which showed dollar figures and first names, this testimony was relevant in proving defendant’s intent to distribute the cocaine he possessed. At ...

Read More »

Civil Practice – Statute Of Repose – Suit Against Builder (access required)

Where the defendant builder has brought a cross-claim against another company, but that company argues that the suit is barred by the statute of repose in Va. Code § 8.01-250, the Circuit Court adopts the view of a federal district ...

Read More »

Wills & Trusts – Will Contest – Limitations – Unsound Mind (access required)

Where one of the testator’s heirs was both a nonresident of West Virginia and of unsound mind at the time of the testator’s death, the statute of limitations under Va. Code § 64.1-90 for challenging the testator’s will is tolled ...

Read More »

Domestic Relations – Equitable Distribution – Property Purchased By Husband – Wife's Overall Contribution (access required)

Although the commissioner found that a particular property had been purchased by husband as an investment to defray the children’s college expenses, wife nevertheless is entitled to a share in that property. Husband argues that wife is entitled to no ...

Read More »

Civil Practice – Incomplete Answer – Expanded Easement (access required)

Although the uncontradicted evidence established the existence of an easement from present State Route 661 along that road’s old bed, and a defendant who also claims an easement has asked the court to define the easement as 30 feet wide, ...

Read More »