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Opinion Digests

Criminal – Sentencing Guidelines – Marijuana Distribution – Mitigating Circumstances (access required)

Although defendant, who was convicted of selling marijuana to an undercover officer, presented evidence of mitigating circumstances, including his wife’s medical condition, his daughter’s academic success and his employer’s testimony that defendant was a valued and responsible employee, the trial ...

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Domestic Relations – Custody Change – Change In Circumstances – Military Mother's Transfer Overseas (access required)

Although the mother, who served in the military, was being transferred to Germany, this change in circumstances did not warrant a transfer of custody to the father where there was no indication the overseas transfer would be negative or detrimental ...

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Criminal – Brady Material – Police Officer's Notes – Drugs (access required)

Although the commonwealth failed to disclose before trial notes taken by a police officer during an interview with a witness who agreed to testify against defendant in exchange for a prosecutor’s recommendation of a reduced sentence, the notes did not ...

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Domestic Relations – Spousal Support Arrearage – Incorporation Of PSA (access required)

Although the husband contends the parties’ property settlement agreement signed in 1967 was not incorporated into the final divorce decree, the decree was in fact incorporated despite the trial court’s omission of the use of the actual word “incorporated.” The ...

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Search & Seizure – Traffic Stop – Habitual Offender – Asleep In Car (access required)

Defendant’s conviction for driving after having been adjudicated an habitual offender is reversed because of the illegality of the initial traffic stop; the circumstances presented to the police officer failed, as a matter of law, to provide the requisite reasonable ...

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Workers' Comp – Selective Employment – For-Cause Termination – Permanent Partial Disability – Injury To Feet (access required)

Although claimant was terminated for cause from the selective employment procured by his employer, the commission erred in concluding that our earlier decision in Murphy v. C&P Telephone Co., 12 Va. App. 633 (1991), barred his application for permanent partial ...

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Workers' Comp (309095) (access required)

Causation Although claimant, a cattle herdsman who experienced back and leg pain when he stepped into a deep hole while rounding up cattle, contends that he did not have any significant pain between April 1991 and November 1991, when he ...

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Workers' Comp – Change In Condition – Return To Pre-Injury Work – Treating Surgeon's Opinion (access required)

Where claimant’s treating orthopedic surgeon found that claimant was capable of returning to her pre-injury work without restrictions, and employer offered claimant her regular job as a patrol officer following the surgeon’s release, but claimant rejected that offer, the commission ...

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Criminal – Appeals – Interlocutory Appeal – Double Jeopardy (access required)

Where defendant challenges the Circuit Court’s refusal to dismiss on double jeopardy grounds his indictment for possession with intent to distribute marijuana after defendant earlier pled guilty to simple possession on an earlier indictment alleging both simple possession and possession ...

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Criminal – Other Crimes – Improper Impeachment (access required)

Upon rehearing en banc, the judgment of the trial court with respect to the alleged crimes against the dwelling and the person of the first victim is reversed because defendant was improperly impeached by evidence of still pending prosecutions; on ...

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