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Opinion Digests

Workers' Comp – Selective Employment – Discharge For Cause – Shoulder Injury (access required)

The commission’s finding that claimant failed to prove a causal connection between the on-the-job incident that caused a strain and his later-diagnosed shoulder dislocation is supported by credible evidence where the physician’s conclusion of a causal connection was based on ...

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Domestic Relations – Annulment – Procurement By Fraud – Address Undisclosed – Battered Women's Shelter (access required)

Although the husband claimed he used “due diligence” in attempting to serve process on his proposed annulment of his marriage, but he could not serve his wife at her address because she would not disclose the location of the battered ...

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Appeals – Criminal – Rule 5A:18 – General Objection (access required)

Where appellant’s only objection to the sufficiency of the evidence to convict him of robbery and use of a firearm was his motion to set aside the conviction as not “supported by the facts under the law,” he has not ...

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Criminal (309112) (access required)

Cocaine Possession This appeal is from a conviction of possession of cocaine. For the reasons stated in an opinion in Hayer v. Commonwealth, (No. 0974-92-1 VLW 094-7-291, May 24, 1994), the judgment of conviction is reversed and the case remanded. ...

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Criminal – Cocaine Possession – Jury Instruction – Circumstantial Evidence (access required)

The trial court did not err in refusing to use defendant’s cautionary instruction on circumstantial evidence at his trial for cocaine possession. Nor did the court err in allowing the arresting police officer to testify that the confidential informant used ...

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Criminal – Marijuana – Weight – Stems & Seeds (access required)

Where the commonwealth failed to prove the amount of marijuana found in a search of defendant because it failed to exclude mature stalks and sterilized seeds from the marijuana submitted to the laboratory, the conviction is reversed, and the case ...

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Workers' Comp – Causation – Back Injury & Surgery (access required)

Although claimant’s physician indicated that her back condition was caused by her industrial accident, his opinion was based entirely on the history provided by claimant, and where the commission had additional information, including testimony from claimant’s co-workers indicating she had ...

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Appeals – Transcript – Timely Filing (access required)

Where respondent mother’s transcript in this custody and visitation matter should have been filed on or before Feb. 22, 1994 under Va. Code § 1-13.3:1, but the mother did not file the transcript until Feb. 24 because of a lack ...

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