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Opinion Digests

Criminal – Sentencing – Mitigating Evidence – Jury Verdict Review (access required)

Although defendant contends the trial court failed to consider mitigating evidence when sentencing him for statutory burglary and abduction, his sentence, which was within the prescribed statutory range, is affirmed. The record reflects that evidence in mitigation of sentence was ...

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Domestic Relations – Termination Of Mother's Parental Rights – Foster Care (access required)

The Alexandria Department of Social Services (DSS) properly terminated the residual parental rights of a mother whose children were in foster care and who had failed to demonstrate her willingness to make the changes necessary for her children’s return. The ...

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Domestic Relations – Child Support Reduction – Income Decline (access required)

Where the father had been involuntarily terminated from his job and was only able to obtain other employment at a significantly lower salary, a material change in circumstances required modification of the father’s spousal and child support obligations totalling $4,800 ...

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Insurance – Policy Coverage – Permission To Use Vehicle (access required)

Where the named insured’s son had his father’s permission to drive a 1988 Corvette, and the son then allowed a friend to drive the Corvette, the court concludes after hearing the mixed evidence at trial that the friend did not ...

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Civil Practice – Landlord/Tenant – Unlawful Detainer – Timing – Service Of Process (access required)

Where the landlord filed a general district court action for unlawful detainer that included a request for $90,000 for accrued rent and damages, but the defendant relinquished the premises prior to service of process, the Circuit Court rejects defendant’s argument ...

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Unemployment Comp – Voluntary Departure – Grievance Procedure (access required)

Where claimant failed to complete all steps of the county grievance procedure prior to filing for unemployment benefits, the record supports the commission’s conclusion that claimant voluntarily left his job and is ineligible for unemployment benefits. The questions presented in ...

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Domestic Relations – Equitable Distribution – Equal Contributions (access required)

Where the 36-year-old husband and the 34-year-old wife have been married for 12 and one-half years, are in relatively good physical and mental health, both maintain careers, and each party testified that their relative monetary and non-monetary contributions to the ...

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Landlord/Tenant – Contract – Commercial Lease – Course Of Dealing – Holdover Tenancy (access required)

Although defendant tenants continued to occupy the premises after expiration of the original three-year lease, paying an increased rent as requested in letters from plaintiff landlord, the tenants never signed a lease renewal agreement, although the landlord’s prior course of ...

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