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Opinion Digests

Criminal – Auto Theft – Attempt To Get Warm (access required)

Although defendant contends that when he took the car from in front of a nurse’s house where she had started the car prior to leaving for work on a cold December morning, he did not intend to keep the car ...

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Domestic Relations (309058) (access required)

Child Support Guidelines Where the trial court did not make any findings concerning wife’s current income, other than to note that her income was “substantially more” than the reported $5,000 per year, and the trial judge also gave no indication ...

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Workers' Comp – Change In Condition – Return To Coal Mines – Conflicting Medical Opinion (access required)

Although independent medical examiners hired by the employer concluded that claimant could return to his pre-injury job as an underground coal miner, the commission did not err in concluding, based on reports from claimant’s two treating physicians, that claimant was ...

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Criminal – Habitual Offender – Abstract Of Driving Record (access required)

Where each of these six habitual offender adjudications was based on a summary statement of the respondent’s driving record provided in a report certified by the Department of Motor Vehicles, the HO adjudications are reversed because the documents provided by ...

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Criminal – Grand Larceny – Valuation (access required)

Although the commonwealth introduced photographs of the stolen items, and their owner testified that all were in good working condition and gave an approximate value of $50 for one of the items, there was insufficient evidence from which the jury ...

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Domestic Relations – Spousal Support – Reduction After 12 Months (access required)

Where the trial court awarded wife $2,000 per month in spousal support, but provided that the amount would decrease to $1,500 per month after 12 months, this reduction was reversible error. We have held that the court in setting spousal ...

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Criminal – Possession Of Stolen Property – Pawn Ticket (access required)

Where defendant was found in possession of a pawn ticket memorializing his pawning a few days later of property stolen in a burglary, this evidence was sufficient to prove his possession of the stolen property. The ticket was issued under ...

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Domestic Relations – Property Settlement Agreement – Unconscionability (access required)

Where a wife contends that a property settlement agreement should not be enforced because the judge did not conduct a full hearing, the statute governing bifurcation was changed before the agreement was incorporated into a divorce decree, and she did ...

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Workers' Comp – Occupational Disease – Injury Or Disease (access required)

We remand this case to the commission to determine whether claimant’s condition is a noncompensable injury by cumulative trauma, as contemplated in Merillat Industries Inc. v. Parks, 246 Va. 429 (1993), or a compensable disease, within the intendment of Code ...

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Insurance – Bad Faith – Failure To Make Medical Payments (access required)

Where the insurance company’s refusal to pay the plaintiff’s medical payments benefits was not made in good faith, the plaintiff is awarded $3,399.56, which includes her attorney’s fees of $2,449 as well as costs in bringing suit; plaintiff also is ...

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