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Opinion Digests

Criminal – Marijuana Manufacture – Personal Use (access required)

Although defendant argued that he was growing the 15 marijuana plants for his personal use and that he did not know the yield of each plant, the trial court did not err in concluding that the issue of whether defendant ...

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Criminal – Alibi Defense – Standard Of Proof (access required)

Although the trial court commented that the evidence of defendant’s alibi “was not sufficient to overcome the evidence that the Commonwealth presented,” this comment, out of context, did not mean that the court used an incorrect standard of proof for ...

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Criminal – Larceny Of VDOT Property – Driveway Stone (access required)

Where defendant, a Virginia Department of Transportation employee, was told to return with a load of mixed stone to the VDOT shop, but instead, defendant placed the stone on the driveway of his property, defendant’s conviction of petit larceny is ...

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Workers' Comp – Res Judicata – Return To Pre-Injury Work – Psychiatric Causation Not Litigated (access required)

Where claimant and the employer originally entered into a memorandum of agreement providing for benefits for his physical injuries from an on-the-job fall, but after the employer filed a change-in-condition application, the claimant submitted medical reports indicating that he suffered ...

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Negligence – Charitable Immunity – Volunteer – Auto Accident (access required)

Where a volunteer driving an American Red Cross van was involved in an automobile accident, the estate of the van passenger, who died of unrelated causes, may not sue the volunteer for the accident because the Red Cross’s charitable immunity ...

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Attorneys – Sanctions Under Va. Statute – Interrogatory Answer On Expert Testimony – Deposition Costs (access required)

Where the lawyer for plaintiff, who is suing defendant stable for its alleged negligence in caring for plaintiff’s horse, traveled to Chile to take depositions of four expert witnesses designated by defendant, but the witnesses did not testify in the ...

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Taxation – Virginia Tax Credits – Corporate Franchise Taxes (access required)

Where the Virginia taxpayers claimed a credit under Va. Code § 58.1-332 on their personal income tax returns for tax years 1989 and 1990 for corporate franchise taxes paid for a sub-chapter S corporation located in Washington, D.C., the Virginia ...

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Landlord/Tenant – Void Lease – No Recovery Of Back Rent (access required)

Although the lease stated that the converted barn rented by tenants was a “guest house,” the premises did not qualify as a guest house under the county zoning ordinance, and the landlord may not collect rent under the lease, nor ...

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