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Opinion Digests

Bankruptcy – Dischargeability Of Debt – Credit Card Debt – Fraud (access required)

Where debtor wife testified that she left financial matters to her husband and that she did not review any billing statements on her two credit cards and did not realize that credit limits had been exceeded, which occurred when her ...

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Taxation – City Tax On Cable TV Billings – Constitutional – Equal Protection – Satellite Transmitters (access required)

Although the city’s 7 percent tax on cable television service billings applied to cable systems and not to vendors who supplied television service through Satellite Master Antenna Television systems, the tax did not violate a taxpayer’s right to equal protection ...

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Commercial – Banks & Banking – Fraud – Forged Documents (access required)

Where the borrower forged certain documents to obtain a business loan, including a guaranty with his parents’ forged signatures, a pledge of his parents’ stock shares in an insurance corporation, a counterfeit stock certificate and a blank “Stock/Bond Power” for ...

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Property – Condemnation – Landowner's Expert – Potential Pipeline Explosion – Impact On Residue Value (access required)

Although the landowner’s expert witness was qualified as a real estate appraiser, the trial court did not err in ruling that the appraiser was not, however, qualified to testify about any perceived danger of explosion from the proposed natural gas ...

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Domestic Relations (access required)

Abuse Of Discretion In this appeal and cross-appeal from a final divorce decree, we find that neither party has sustained his or her burden of proving trial court abuse of discretion required for reversal on any of the issues presented. ...

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Criminal – DUI – Breathalyzer – Margin Of Error – Expert Evidence (access required)

The trial court did not err in refusing to permit defendant’s expert witness to testify concerning the margin of error inherent in a breathalyzer test or in correcting an error in an exhibit after the jury had begun to deliberate. ...

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Criminal – DUI – Restricted Operator's License – VASAP Program Required (access required)

Although defendant claimed he recently had completed a VASAP program, the trial court erred in issuing defendant a restricted operator’s license under Va. Code § 46.2-360(2) without again requiring the completion of a VASAP program. Code § 18.2-271.1(E) expressly requires ...

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Criminal – Search & Seizure – Reversal (access required)

Where the police officer said that as he was driving past a group of teenagers on a street corner, he observed what might have been a weapon in defendant’s waistband, and that he then called defendant over to his police ...

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Criminal – Illegal Gambling – Accessory – Sufficiency – Reversal – Courier Operation (access required)

Where defendant, while working for “Lotto Express,” accepted orders for lottery tickets from Florida and three other states, but argued that he only operated a “courier service” for the out-of-state lottery tickets, and that the order form for the tickets ...

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