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Opinion Digests

Criminal – Murder – Instruction On First-Degree Murder – Accidental Killing (access required)

Although defendant contends his shooting of the 13-year-old victim was an accident that occurred when the two were “horsing around,” there was sufficient evidence to convict defendant of first-degree murder. Defendant and the victim were wrestling with each other in ...

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Evidence – Hearsay – Testimony About Informant's Tip (access required)

Where a police officer testified that the tip provided by an informant did not include any information about defendant specifically, nor did the tip identify defendant, and that when the officer first observed defendant, he was standing, engaged in a ...

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En Banc Rehearing (access required)

On July 29, 1994, the Virginia Court of Appeals, on its own motion, decided to rehear Hill v. Woodford B. Davis Gen. Contractor, Record No. 1587-93-2 (VLW 094-7-401). The original panel decision, digested at 9 VLW 177, July 18, 1994, ...

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Domestic Relations – Spousal Support Reduction – Income Reduction (access required)

The trial court did not err in declining to reduce husband’s $4,806 monthly spousal support payments even though husband had experienced a decline in his corporate income where the trial court also found that husband’s salary from his wholly owned ...

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Criminal – Conspiracy To Distribute Marijuana – Corroboration Of Confession (access required)

Where defendant confessed the elements of the conspiracy to distribute marijuana, identified his co-conspirator and the manner in which the sale would be executed, and this confession was corroborated by the defendant’s recorded pre-arrest negotiations with a police informant and ...

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Landlord/Tenant – Lease Terms – Merger Clause (access required)

Although the landlord in his action for rent contends the tenant’s counterclaim for repairs is barred by the lease’s integration clause, the court denies the landlord’s summary judgment motion. In the counterclaim, the tenant contends that the landlord represented to ...

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