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Opinion Digests

Search & Seizure – Unlawful Stop – Firearm Possession (access required)

The police officer clearly had probable cause to stop defendant’s vehicle and detain him where the officer had received two calls for assistance from defendant’s wife and son indicating defendant had come to their home, armed, and threatened to kill ...

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Criminal – Fair Trial – Identification – First-Degree Murder (access required)

In defendant’s prosecution for first-degree murder and use of a firearm, the trial court did not err in 1) refusing to suppress a suggestive identification; 2) refusing to order a witness to give defense counsel the notes the witness had ...

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Domestic Relations – Child Support & Visitation – Locating Children (access required)

Although the father claims he incurred more than $6,000 in expenses to locate the mother and children, the trial court did not abuse its discretion in setting the amount of reimbursement to the father at that figure, rather than a ...

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Criminal – Double Jeopardy – Prosecutorial Misconduct (309782) (access required)

1994 V.C.A. (VLW 094-7-805) Mister Kleen Maintenance Co. v. Clark Workers’ Comp Brain Injury – Permanent Disability – Conclusive Presumption On Dec. 14, 1993, a panel of this court affirmed in part and reversed in part a decision of the ...

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Criminal – DNA Evidence – Expert Assistance For Indigent Defendant – Voluntariness Of Confession – Statements To Counselor (access required)

Where an expert in DNA forensic evidence would have assisted defendant in this rape trial in challenging the prosecution’s expert witness who attested to the validity of the commonwealth’s DNA evidence, the trial court erred in declining to provide defendant ...

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Insurance – UM – Truck Collision – Business Exclusion – Omnibus Clause (access required)

Where the driver’s liability insurance policy included a business exclusion clause exempting from coverage for “[a] covered auto while used to carry property in any business,” and the truck collision at issue occurred while the driver was using his truck ...

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Traffic Offenses – Restricted License – Administrative Suspension (309830) (access required)

1994 V.C.C. (VLW 094-8-237) Maplefield Homeowners v. Basham Property Restrictive Covenants – Subdivision Fences – License Where the homeowner association is suing three homeowners because their fences enclose part of the subdivision’s common area, the fact that two of the ...

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Civil Practice – Discovery – Number Of Interrogatories (309846) (access required)

1994 V.C.C. (VLW 094-8-251) Washington Fed. Sav. Bank v. William H. Metcalfe & Sons Commercial Mechanic’s Lien – Statute Of Limitations – Bankruptcy Stay Where the developer lost its interest in the property when it declared bankruptcy and the property ...

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Negligence – Auto Accident – Intersection Accidents During Rainstorm – Conflicting Testimony (309862) (access required)

1994 V.C.C. (VLW 094-8-217) Nielsen v. Nielsen Domestic Relations Child Support Modification – Change In Visitation Expenses – Children’s Counseling Expenses Where father previously was spending $710 per month in expenses for visitation to Northern Virginia, but the visitation schedule ...

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