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Opinion Digests

Criminal – Death Penalty – 'Future Dangerousness' (310184) (access required)

Although the U.S. Supreme Court decided last term that when “future dangerousness” is at issue in the sentencing phase of a capital murder case, a jury is entitled to know whether a defendant is ineligible for parole, that Supreme Court ...

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Criminal – Speedy Trial Right – Separate Trials Request – Waiver Of Counsel (access required)

Although defendant requested separate trials on each of the seven counts of statutory burglary against him, this request did not constitute a request for a continuance chargeable to defendant under the Virginia speedy trial statute, Va. Code § 19.2-243, and ...

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Domestic Relations (310216) (access required)

Bifurcated Proceeding Where the trial court granted husband a divorce, but retained jurisdiction under Va. Code § 20-107.3 to complete equitable distribution of the parties’ marital property, the trial court erred in failing to find that the bifurcation was clearly ...

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Workers' Comp – Occupational Disease – Asbestosis – Medical Evidence (access required)

Where none of the medical evidence from several physicians made a positive diagnosis that claimant suffers from asbestosis, the commission did not err in declining to find that claimant suffered from a compensable occupational disease. A general practitioner recommended in ...

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Workers' Comp – Medical Payments – Rotator Cuff Tear (access required)

Although the record presented conflicting medical opinion on the disputed rotator cuff tear, the record sufficiently supports the commission’s finding that the claimant’s condition was attributable to the industrial accident and was therefore compensable. Award of benefits affirmed. Ford Motor ...

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Traffic Offenses – Second DUI – Reckless Driving – Related Offense (access required)

Where defendant driver first hit a concrete barrier “around one o’clock-ish” in the afternoon, and he went on to hit another automobile within three to five minutes later, his conviction for reckless driving for the latter collision will preclude his ...

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Domestic Relations (310280) (access required)

Unitary Support Award Although husband asserted that emancipation of the parties’ two sons necessitated apportionment of the unitary support award provided for in the parties’ separation agreement, the agreement did not require apportionment. The agreement signed by the parties expressly ...

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Criminal – Pretrial Discovery – Exculpatory Material – Credibility (access required)

Although defendant alleged the prosecution failed to disclose “taped” pretrial conversations between a commonwealth witness and detectives investigating the larceny offenses, the record supported the trial court’s conclusion that the witness, who told detectives that another man had confessed the ...

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