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Opinion Digests

Labor & Employment – Unemployment – Willful Misconduct – Corrections Officer – Security Breach – Negligence (access required)

Although claimant, a former corrections officer at a maximum security prison, received three separate citations for failing to follow certain security rules and these breaches resulted in her dismissal, claimant’s actions constituted negligence at most, not the misconduct necessary to ...

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Workers' Comp – Back Injury – Prior Auto Accident – Ongoing Disability (access required)

Although claimant contended that his ongoing back problems were due to his February 1990 compensable industrial accident, claimant also had injured his back in a 1988 automobile accident and there were varying medical opinions concerning the origin of his subsequent ...

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Criminal – Search & Seizure – Warrantless Entry Into Hotel Room – Informant's Tip On Shooting – Reversal (access required)

Although an anonymous informant told police of shooting at rooms 16 and 42 of a particular motel, but the motel desk clerk had heard no shots and a consent search of one of the identified rooms revealed nothing amiss, the ...

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Criminal – Revocation Of Suspended Sentence – Jurisdiction (access required)

Where defendant was convicted of shoplifting prior to the expiration of the period of probation on an earlier grand larceny conviction, but the trial court’s order revoking the earlier probation was not entered until after the expiration of that period, ...

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Criminal – Sodomy – Proof Of Penetration (access required)

Where the 13-year-old victim, defendant’s step-granddaughter, testified that defendant placed his tongue on the outer lips of her vagina, but did not insert his tongue inside her vagina, this proof of penetration of the outer lips of the vagina and ...

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Criminal (308582) (access required)

Revocation Of Sentence Suspension Where defendant received a suspended five-year sentence for a 1985 conviction for fraudulent use of a credit card, the trial court’s 1992 order revoking suspension of the sentence was an improper exercise of the circuit court’s ...

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Domestic Relations – Equitable Distribution – Valuation Of Closely-Held Business – Husband's Imputed Income (access required)

Where the lease brokering business which husband and wife created together in 1984 and which had employed both parties was given a value of between $40,000 to $60,000 by husband’s expert witness, who used a “net asset” method of valuation, ...

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Taxation – Real Estate Assessments – Petition To Correct – Limitations (access required)

Where the insurance company on May 17, 1993 filed an application to correct allegedly erroneous real estate assessments for the tax years 1989 through 1992, and the legislature amended the three-year statute of limitations (Va. Code § 58.1-3984(A)) in 1989 ...

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