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Opinion Digests

Criminal – Nighttime Burglary – Sufficiency (access required)

Where the evidence showed that the residence was burglarized sometime between 8:00 p.m. on July 1, 1992 and 4:00 p.m., the following day, that melted candle wax was discovered throughout the house, including in the victim’s bedroom, where she kept ...

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Tort – False Imprisonment – Malicious Prosecution – Auto Repossession – Pleading (access required)

Where plaintiff alleges that defendant employees of a private investigator were acting as agents or servants of defendant bank when they attempted to repossess plaintiff’s car, and that the employees’ act in appearing before a magistrate and procuring arrest warrants ...

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Insurance – UM Coverage – 'Use' Of Vehicle – Shooting Of Police Officer (access required)

Where the insured decedent remained in his car and shot at the police officer as the officer approached decedent’s car, the shooting arose from decedent’s “use” of the car and the officer’s injuries are covered under the decedent’s uninsured motorist ...

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Domestic Relations – Adultery – Spousal Support Bar – Manifest Injustice (access required)

Although husband earns $89,794 annually through National Guard Service and as an attorney for the State Department, and wife earns only $29,000 annually as a mental health therapist, the parties’ disparity in income is not a basis for concluding that ...

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Criminal – Joinder – Threat To Burn House – Attempted Murder (access required)

Where defendant is charged with both threatening to burn a structure in which his wife resided and with attempted murder of his wife, arising from the actual burning of a house in which she was staying, these charges from separate ...

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Civil Practice – Venue Transfer – Preferred Venue – Forum Non Conveniens (access required)

Although the Norfolk Circuit Court was the “preferred venue” under the Virginia Tort Claims Act, Va. Code § 8.01-261, for this medical malpractice case, the circuit court nevertheless will apply the forum non conveniens statute, Code 8.01-265, and transfer venue ...

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Employment – Political Discharge – Legislative Immunity (access required)

Where plaintiff, a Republican, alleged that defendants, six county board members who are all Democrats, terminated him from his position as superintendent of public works for the county because of his political affiliation, the district court did not err in ...

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Employment Discrimination – Age – Individual Liability (access required)

Although defendant vice-president, who had remarked that “there comes a time when we have to make way for younger people,” was the person who decided to discharge plaintiff employees, the vice-president was not a proper defendant in this action under ...

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