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Opinion Digests

Criminal – Malicious Wounding – Lesser Included Offenses – Jury Instruction (access required)

Although defendant, who procured bats and a nightstick and provided transportation to the site and “covered” while two others brutally assaulted a sleeping couple, stated during his confession that he wanted to withdraw while the assaults were in progress, this ...

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Criminal – Malicious Wounding – Evidence Of Malice (access required)

Where witnesses testified that defendant, during an altercation outside a convenience store, struck the victim with “something chrome,” and that he had something “dark…possibly black” in his hand when he struck the victim, the trial judge could reasonably infer that ...

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Evidence – Credit Card Theft – Documentary Proofs – Hearsay – Shopbook Exception (access required)

Where the trial court admitted at defendant’s trial for credit card theft and fraud a “Cardmember Record” that reflected transactions and “memo activity” on a particular account and also included a notation that a particular Fairfax police officer had advised ...

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Workers' Comp – Change In Condition – Stress Fractures – Heavy Lifting – Cosmetic Salesperson (access required)

Where claimant’s treating orthopedic surgeon released her to return to her pre-injury job of department store cosmetic sales with instructions to avoid heavy lifting, and after working one year at this type of employment, claimant voluntarily resigned, she has presented ...

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Workers' Comp – Change In Condition – Medical Record Of Disability (access required)

Although claimant continued medical treatment upon his return to work after his compensable cervical spine injury, office notes from his original treating physician and from a neurologist to whom he was referred make no mention of additional disability after his ...

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Commercial – Liability On Notes – Demand Note – Good Faith – ECOA (309833) (access required)

1994 V.C.C. (VLW 094-8-201) Phillips v. Leesburg Town Municipal FOIA – Town Council Meeting Where petitioner, who seeks injunctive relief under the Virginia Freedom of Information Act, Va. Code § 2.1-344.1, alleges in his supporting affidavit only that the town ...

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Domestic Relations – Child Support – Handicapped Adult Son (access required)

Although the father argues that because his handicapped adult son is eligible for and is receiving state or federal disability benefits, the father is not required to pay additional support for the son, the statute cited by the father, Va. ...

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