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Opinion Digests

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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Jurisdiction – Domestic Relations – Divorce Actions In Two States (access required)

Where the Virginia circuit court properly has jurisdiction over this divorce action, but Massachusetts, where defendant wife has filed a divorce action, likewise has jurisdiction over that matter, the court cannot find, and the defendant has failed to present, a ...

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