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Opinion Digests

Bankruptcy – Exemptions – Debtor's Pension Interest (access required)

Where debtor has an interest in an ERISA-qualified retirement account and his retirement plan provides that benefits payable under the plan shall not be subject to alienation, the debtor’s interest is exempt from the bankruptcy estate under 11 U.S.C. § ...

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Civil Rights – Prison Conditions – Deferral Of Parole Consideration (access required)

Although plaintiff Virginia inmates contend the Virginia Parole Board’s prior practice of reviewing inmates for parole in the first year they become eligible and every year thereafter has created a protected liberty interest, they have no such liberty interest and ...

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Bankruptcy – Exemption – Tools Of Trade – Photo Processing Equipment (access required)

Where debtors, who formerly operated a photo processing business and now assist their sons in operating a similar business, have exempted two photo processors, an inoperable enlarger and several filing cabinets as “tools of the trade” under Va. Code § ...

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Commercial – Guaranty – ECOA Violation (access required)

Where the bank required the wife of a principal in the borrower building company to execute a guaranty on a loan to the company, even though the principal was creditworthy on his own and the wife had no interest in ...

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Criminal (309608) (access required)

False Name Jury Instruction Where defendant gave a false name to police when he was aware they were about to execute search warrants for defendant’s motel room, which was in the same general area where two homes were burglarized within ...

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Criminal – First-Degree Murder – Minor As Defendant – Confession (access required)

Where the 17-year-old defendant voluntarily went to the police station for questioning, then confessed to murder after being served with juvenile petitions and after indicating that he understood his Miranda rights, the trial court properly refused to suppress the confession ...

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Workers' Comp – Change In Condition – Wage For Light-Duty Job (access required)

The commission did not err in rejecting claimant’s change-in-condition application on the ground that his wage in his current job did not exceed $240 per week, the wage offered by his employer in a light-duty job that claimant unjustifiably refused. ...

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Workers' Comp – Back Injury – Fall From Ladder (access required)

Although the medical records did not specifically corroborate claimant’s testimony about the nature of the injury he suffered when he fell from a ladder while installing crown molding, the commission was entitled to accept that unrebutted testimony and to find ...

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Domestic Relations – Spousal Support Arrearage – Laches – Equitable Estoppel (access required)

Where the parties’ original separation agreement, incorporated into their final divorce decree in 1984, provided for wife to receive as spousal support a percentage of husband’s “draw” from a particular law firm, but after husband was terminated from that law ...

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Workers' Comp – Conflicting Medical Opinions – Return To Work (access required)

Where claimant’s treating orthopedic surgeon concluded that he was able to return to work, that opinion constituted credible evidence supporting the commission’s denial of benefits. Although another physician who examined claimant once at his own request opined that claimant suffered ...

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