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Opinion Digests

Criminal (310237) (access required)

Cocaine Possession For the reasons stated in the original majority opinion, 441 S.E.2d 225 (1994), the court reverses defendant’s cocaine possession conviction and orders the case remanded to the trial court for further proceedings. Shannon v. Commonwealth, No. 1290-92-4, Oct. ...

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Traffic Offenses – Breath Test Availability – No Personnel To Give Test (access required)

Where defendant requested a breath test for blood alcohol content, and the police department’s only response was that no one was available to administer a breath test, the mere assertion that no one is available does not constitute a reason ...

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Traffic Offenses – DUI – Taking Drink After Traffic Accident (access required)

Although defendant’s friends testified that defendant showed up at a friend’s house, near the scene of his one-car accident, and took several drinks from a bottle of Wild Turkey liquor, the evidence that defendant consumed alcohol after leaving the scene ...

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Criminal – Concealed Weapon – Partial Concealment (access required)

Where the handle of the gun defendant was carrying was partially visible from at least one observation point, the gun was not “hidden from common observation” under Va. Code § 18.2-308, and his conviction for carrying a concealed weapon is ...

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Criminal – Appeals – Rule 5A:18 (access required)

Where defendant failed to raise certain objections or state the proper grounds for objections in the trial court, the appellate court declines to consider now assignments of error relating to the denial of a motion to suppress, a failure to ...

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Workers' Comp – HIV Infection – LPN – Ordinary Disease Of Life (access required)

Although claimant’s physician opined that her level of T-helper cells in April 1991 was consistent with an exposure to HIV in 1987, when claimant said she stuck herself with a needle while taking a blood sample from a jail inmate, ...

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Domestic Relations – Jurisdiction – Interlocutory Appeal (access required)

Where the trial court’s ruling merely concluded that the parties’ marriage was valid, and did not grant or deny a divorce, spousal support or equitable distribution, the order was interlocutory and this court has no jurisdiction over the appeal of ...

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Criminal – Enhanced Punishment – Prior Record Presentation (310349) (access required)

Where the trial court at defendant’s trial for a third offense of petit larceny allowed the complete text of defendant’s prior sentencing orders, including the level of punishment assessed, to go before the jury, the failure to redact this prejudicial ...

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Criminal – Indictment Amendment – Statutory Reference – Code Language (access required)

Where the original indictment charged defendant with malicious bodily injury of a deputy, by beating and kicking her and abusing her physically, in violation of Va. Code § 18.2-51.1, the trial court did not err in allowing an amendment to ...

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Property – Environmental – Escheat To State – Toxic Waste Dump (access required)

Where three parcels of land in the City of Roanoke were abandoned and escheated to the state in 1989, but the escheator discovered in 1993 that the property contained a toxic waste dump, the escheator may correct the verdict of ...

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