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Opinion Digests

Criminal – Juror Overhearing Pretrial Information – Mistrial Denied (access required)

The trial court did not err in denying a mistrial at defendant’s trial for attempted breaking and entering a grocery store where a juror, prior to being selected, overheard two or three bailiffs discussing a probation violation. The juror unequivocally ...

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Domestic Relations – Husband's Alleged Fraud – Disclosure Of Assets (access required)

Although wife alleges husband fraudulently failed to disclose certain assets owned by him at the date of the couple’s separation, wife failed to carry her burden to demonstrate fraud by clear and convincing evidence, and the trial court did not ...

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Domestic Relations – Equitable Distribution – Valuation Of Family Nightclub – Custody – Sole Custody With Mother (access required)

Where wife’s valuation of the nightclub owned by the couple at $20,000 was uncontradicted, and there was evidence that the volume of beer purchased for sale had remained steady, and although business in the last two months had been slow, ...

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Criminal – Marijuana Possession & Manufacture – Sufficiency – Reversal (access required)

Where police discovered two plastic baggies of marijuana in different parts of the house, rolling papers, a smoking pipe and tweezers, two hand-held scales, fertilizer and garden tools as well as a marijuana plant drying in a camper, the evidence ...

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Domestic Relations – PSA – Value Of Husband's IRA – Date Of Division (access required)

Where the property settlement agreement provided that the parties would “divide equally” all pension and retirement accounts, but the agreement was silent on when the division was to occur, the trial court did not err in using a date closest ...

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Criminal – DUI – Third Offense – Uncounseled Prior Conviction (access required)

Although defendant claimed that documents from the Arlington County General District Court introduced by the commonwealth at his DUI, third offense trial, did not reflect that defendant’s court-appointed counsel was actually present when defendant pled guilty to his first DUI ...

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Commercial – Mechanic's Lien – Memo – 150-Day Period (access required)

Under Va. Code § 43-4, a mechanic’s lienor cannot claim a lien for labor or materials furnished “more than 150 days prior to the last day on which labor was performed or material furnished to the job preceding the filing ...

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Criminal – Discovery – Brady Material – Transcript Of Interview With Chief Prosecution Witness (access required)

Where defendant was convicted of the first-degree murder of his grandfather primarily on the strength of the testimony of the chief prosecution witness, who had been incarcerated with defendant, and the commonwealth failed to comply with defendant’s request to produce ...

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Domestic Relations (308637) (access required)

Post-Divorce Rents Where husband seeks an accounting in equity under Va. Code § 8.01-31 and payment to him of his pro-rata share of rents and profits from property which he formerly owned with wife in a tenancy by the entirety, ...

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