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Opinion Digests

Immigration – Deportation – Convicted Illegal Alien – No Private Right (access required)

Although a federal statute allows the United States to immediately begin deportation proceedings against an illegal alien who was convicted of drug trafficking charges, that statute, 8 U.S.C. § 1252(i), may not be invoked by the alien in a private ...

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Search & Seizure – Arrest On Capias – Pretext For Search – Officer's Motive Irrelevant (access required)

Although the state circuit court that issued the capias for defendant’s arrest later dismissed the capias because defendant had failed to perfect his appeal before that court, defendant’s arrest under the capias was lawful, even assuming the capias was improperly ...

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Evidence – Hearsay – Business Records Exception – Computer Records (access required)

Although defendant land developer contends that the plaintiff engineering firm’s 91-page printout of “raw computer data” was an inadequate foundation to support the firm’s invoices for lab tests, the engineering firm’s computer records were properly admitted at trial under the ...

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Criminal – Capital Murder – Two-Hour Detention – Victim Impact Testimony (access required)

Although defendant contends he was illegally detained for two hours at a motel while police officers investigated a nearby fatal shooting of an officer, this detention did not constitute an illegal arrest without probable cause. At every step in the ...

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Jurisdiction – Public Employee Grievance – Implementation Order – Transfer To Supreme Court (access required)

Where the Virginia Department of Taxation is appealing a circuit court order requiring the department to implement a grievance panel’s decision to reinstate a former employee, this Court lacks jurisdiction to review the circuit court judgment under Va. Code § ...

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Workers' Compensation – Psychological Disability – Conflicting Medical Evidence (access required)

Where claimant had psychological problems, including the tendency to have panic attacks, prior to a compensable injury by accident at work, and employer sought to discontinue benefits on the ground that the psychological disability was unrelated to the accident according ...

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Workers' Comp – Medical Payments – Release To Return To Work (access required)

Where claimant’s physician stated she should be off from work pending his review of her MRI, the physician’s statement was not a release of claimant to return to work. There is no evidence in the medical records to indicate that ...

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Workers' Comp – Causation – Doctor's Assumption (access required)

Although claimant, a former blow torch operator, injured himself in a 1986 work-related fall from a beam, he has not proven, given his complete medical history, that his current physical and psychological problems are attributable to the 1986 accident. The ...

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Domestic Relations – Child Custody – Mother's Finances (access required)

Although the trial court, in awarding custody to the mother, observed that “it would seem more appropriate to provide [mother] with the financial and other support necessary for her to have a fair opportunity to demonstrate her fitness, or lack ...

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Workers' Comp – High Blood Pressure – Back Injury – Aggravation Of Injury (access required)

Where claimant had experienced high blood pressure prior to injuring his back in a compensable accident, the commission properly could enlarge the deputy commissioner’s award of benefits from the accident to include continued treatment for high blood pressure caused by ...

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