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Opinion Digests

Property – Easement Over Shore Land – Apportionment – Wire Cable Fence (access required)

Where defendants erected a “wire cable fence” across a portion of shore land abutting plaintiff’s lakeshore property over which defendants had a “shore land easement,” the fence did not encroach upon plaintiffs’ property under the terms of the easement. The ...

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Criminal – Jurisdiction – Transfer Of Juvenile (access required)

Although the circuit court did not enter an order (either remanding defendant’s criminal case to the juvenile court or advising the prosecutor that he could seek an indictment) within 21 days of transfer of the case from juvenile court, the ...

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Criminal – Larceny – Asportation – Movement Of Items Within Store (access required)

Although defendant claims there was insufficient evidence of asportation of the items she allegedly shoplifted from a Woolworth’s because the items were removed from shelves and placed in her bags, without their packaging, but they were not removed from the ...

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Zoning – Ordinance Amendment – Vested Right – Mobile Home Park (access required)

Although the developer had submitted general plans for a three-phase development of a 500-unit mobile home park, including a “first design proposal” and “Preliminary Sewage Treatment Facilities” for the park, and the developer’s detailed site plans and construction in progress ...

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Criminal – Sentencing Guidelines – Marijuana Distribution – Mitigating Circumstances (access required)

Although defendant, who was convicted of selling marijuana to an undercover officer, presented evidence of mitigating circumstances, including his wife’s medical condition, his daughter’s academic success and his employer’s testimony that defendant was a valued and responsible employee, the trial ...

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Domestic Relations – Custody Change – Change In Circumstances – Military Mother's Transfer Overseas (access required)

Although the mother, who served in the military, was being transferred to Germany, this change in circumstances did not warrant a transfer of custody to the father where there was no indication the overseas transfer would be negative or detrimental ...

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Criminal – Brady Material – Police Officer's Notes – Drugs (access required)

Although the commonwealth failed to disclose before trial notes taken by a police officer during an interview with a witness who agreed to testify against defendant in exchange for a prosecutor’s recommendation of a reduced sentence, the notes did not ...

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Domestic Relations – Spousal Support Arrearage – Incorporation Of PSA (access required)

Although the husband contends the parties’ property settlement agreement signed in 1967 was not incorporated into the final divorce decree, the decree was in fact incorporated despite the trial court’s omission of the use of the actual word “incorporated.” The ...

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Search & Seizure – Traffic Stop – Habitual Offender – Asleep In Car (access required)

Defendant’s conviction for driving after having been adjudicated an habitual offender is reversed because of the illegality of the initial traffic stop; the circumstances presented to the police officer failed, as a matter of law, to provide the requisite reasonable ...

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Workers' Comp – Selective Employment – For-Cause Termination – Permanent Partial Disability – Injury To Feet (access required)

Although claimant was terminated for cause from the selective employment procured by his employer, the commission erred in concluding that our earlier decision in Murphy v. C&P Telephone Co., 12 Va. App. 633 (1991), barred his application for permanent partial ...

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