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Opinion Digests

Workers' Comp – Timely Filing Of Claim – Employer's Report Filed (access required)

Although the employer reported claimant’s work-related accident to the commission several days after it occurred and filed supplementary reports during the six months after the accident, these actions by the employer did not relieve the claimant of the obligation to ...

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Criminal – Larceny – Ongoing Or Separate Crimes (access required)

Where defendant contractor, a previously convicted felon, engaged in a pattern of requesting draws from the owner whose building he was renovating but depositing those draws in the contractor’s personal accounts, rather than paying various subcontractors or materialmen, there was ...

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Search & Seizure – Knock & Announce Rule – Door Already Open (access required)

Where defendant already had opened the door to look out into the hallway as the police arrived to execute a search warrant, the knock-and-announce rule did not apply and the trial court erred in applying that rule to suppress the ...

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Workers' Comp (309770) (access required)

Residual Work Capacity Where claimant sustained a compensable head injury at work and was diagnosed as suffering from post-concussive syndrome which his psychologist and another treating physician stated disabled him from working in any capacity, the fact that claimant was ...

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Criminal – Jury Instruction – Second-Degree Murder – Adverse Witness (access required)

There was sufficient evidence to support a conviction for first-degree murder where testimony at trial indicated defendant shot the victim in the back three times while the victim was running away from defendant. Also, defendant was not entitled to call ...

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Criminal – First-Degree Murder – Cross-Exam Of Witness – Dispute Between Witness & Wife (access required)

In defendant’s trial for the first-degree murder of his brother-in-law, the trial court did not err in allowing limited cross-examination of defendant’s current brother-in-law concerning the witnesses’ dispute with his wife, defendant’s sister. Defendant was convicted of the first-degree murder ...

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Domestic Relations – Child Support – Cost Of Child Care (access required)

Where the mother’s employment and child-care situation have changed since the parties’ agreement in 1992, the court awards the mother an increase in child support from $300 per month to $639.30 per month. The parties’ total combined gross monthly income ...

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Commercial – Liability On Notes – Demand Note – Good Faith – ECOA (309834) (access required)

1994 V.C.C. (VLW 094-8-202) Becon Servs. Corp. v. Hazel Indus. Inc. Attorneys Sanctions Under Va. Statute – Letter As Guarantee Although the Circuit Court sustained defendant’s demurrer asserting that the document signed by the electrical subcontractor on this high school ...

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Jurisdiction – Personal – Puerto Rican District Court – Gambling Debt (access required)

Where plaintiff, a casino in Puerto Rico, is seeking to enforce a Puerto Rican federal district court default judgment against a Virginia resident who visited the hotel and signed a marker for his gambling debts, the default judgment against defendant ...

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