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Opinion Digests

Criminal – Appeals – Petit Larceny – Prior Convictions – Grounds For Objection (access required)

Although defendant contends the commonwealth should not have been allowed to introduce certain documents to prove his prior convictions of petit larceny because the documents disclosed information such as disposition of the charges, whether his attorney was retained or appointed ...

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Workers' Comp – Cumulative Back Injury – Sewing Machine Operator – Lifting (access required)

The commission did not err in concluding that claimant, a sewing machine operator, did not prove that she suffered an injury by accident at a reasonably specific time and place. Claimant’s statements regarding how the alleged accident occurred were inconsistent. ...

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Criminal – Marijuana – Constructive Possession – Sufficiency (access required)

There was sufficient evidence to conclude that defendant constructively possessed marijuana where defendant was a passenger in an auto where police found marijuana hidden under his side of the bench seat and on the seat between the driver and defendant, ...

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Criminal – Habitual Offender – Guardian Ad Litem – Cocaine Abuser (access required)

Where defendant, a multiple-substance abuser, testified that he had not used drugs or alcohol on the date of his habitual offender proceeding, and he admitted remembering and understanding the judge’s admonition that if he drove after being declared an habitual ...

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Criminal – Unlawful Wounding – Jury Verdict – Recitation Of Intent (access required)

Where defendant was tried under an indictment charging him with “feloniously and maliciously” causing bodily harm to the victim, “with intent to maim, disfigure, disable or kill,” and after being instructed on malicious wounding, unlawful wounding and assault and battery, ...

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Domestic Relations – Child Neglect – Failure To Feed Infant (access required)

Where testimony from the mother indicated that, despite assistance from the Department of Social Services in the form of instruction on how to purchase and prepare bottles of formula to feed the infant, there were serious gaps in the mother’s ...

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Criminal – Expert Witness – Hypothetical Question – Sexual Abuse (access required)

Where the prosecutor used a therapist to explain the phenomenon of a child sexual abuse victim “recanting” her allegations of abuse in order to bolster the testimony of the minor victim concerning her stepfather’s alleged sexual abuse of the victim ...

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Criminal – Bad Check – Rent Check (access required)

There was sufficient evidence to convict defendant of purposely writing a bad check in violation of Va. Code § 18.2-181 where defendant admitted she purposely withdrew funds from her account so that the account would contain insufficient funds when she ...

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Medical Malpractice – Company Physician – Workers' Comp Bar – Damages Cap (access required)

Although the physician who allegedly failed to timely treat decedent’s heart disease symptoms was employed in a clinic operated by decedent’s employer, the estate’s medical malpractice action against the physician and the company is not barred by the Workers’ Compensation ...

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