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Contract – Residential Real Estate – Fraud – Misrepresentation (access required)

Where plaintiff home buyers allege that defendant sellers took certain affirmative actions to conceal differential settlement of the sellers’ house, such as putting new mortar in cracks around the foundation and placing materials in front of basement cracks to prevent ...

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Workers' Comp – Medical Expenses – Unauthorized Treatment – Leg Fractures – Circulatory Problems (access required)

Where claimant broke both legs in a 1986 industrial accident, and later suffered an ankle ulcer which his treating physician concluded was causally related to the earlier fractures, the employer is liable for the medical expense for treating claimant’s “venous ...

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Criminal – Appeals – Rule 5A:18 – Sawed-Off Shotgun – Statute's Length & Caliber Requirements (access required)

Although defendant contends on appeal that his conviction for possession of a sawed-off shotgun should be reversed because the evidence in the trial court did not show that the shotgun’s barrel met the length and caliber requirements of the statute, ...

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Marital Rape Statute – Jury Instructions – Intimidation – Consent – Evidence Of Prior Violence (access required)

Where, at defendant’s trial for marital sexual assault, wife testified concerning eight to 12 earlier incidents during which defendant husband acted violently toward her in demanding sexual intercourse, and this testimony and additional evidence about the incident in question supported ...

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Criminal – First-Degree Murder – Jury Instructions – Voluntary Intoxication – Second-Degree Murder (access required)

Although defendant contends he had consumed a substantial quantity of alcohol and cocaine prior to shooting the victim, and that the trial court should have offered a jury instruction on voluntary intoxication, nothing in the record shows that defendant was ...

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Domestic Relations – Spousal Support – Entry Of Order (access required)

Although husband claims the spousal support order was void because it was entered without endorsement of his counsel and without notice of its presentation, the order in fact was endorsed by counsel for both husband and wife, and the husband’s ...

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Criminal – Habitual Offender – Predicate Convictions – County Authority (access required)

Although respondent argues in this habitual offender proceeding that three of the predicate convictions are void because the summonses cited non-existent county ordinances, and that another predicate conviction is void because the county lacked statutory authority to enact the ordinance ...

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Domestic Relations – Child Custody Change – Change In Circumstances (access required)

Although the mother contends the child has serious medical problems: allergies and a kidney condition, which require constant monitoring, the trial court decision finding that the child’s condition is not as serious as the mother contends and ordering a change ...

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Criminal – DUI – Defendant's Blood Sample – Sample Refused – Reversal (access required)

Where defendant in this DUI case selected an independent laboratory to test his blood sample, but the sample was returned unopened with the notation: “refused,” and the commonwealth did not request a continuance to resubmit the sample to another laboratory ...

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