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Opinion Digests

Workers' Comp – Unauthorized Treatment – Psychiatric Hospitalization (access required)

Where claimant, who injured his neck and back in 1991 checked himself into a psychiatric hospital in 1992, after seeing the hospital’s advertisement, and claimant made no effort to obtain a referral from his employer or his treating physician for ...

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Criminal – 'Stalking' Statute – Constitutional Challenge (access required)

Where the Virginia “stalking” statute, former Va. Code § 18.2-60.3, prohibits a person from engaging in conduct “with intent to cause emotional distress,” the statute is not unconstitutionally vague and overbroad, and defendant’s conviction under the statute is affirmed for ...

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Criminal – Misidentification – Malicious Maiming (access required)

Although the shooting victim initially identified a photo of another person as the one who shot at him from a moving vehicle, the victim later identified defendant at a lineup and during trial as the person who shot him and ...

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Criminal – Certificate Of Analysis – Cocaine Distribution (access required)

Although two police officers provided somewhat differing descriptions of the items seized from defendant and forwarded to the laboratory for testing, the officers’ testimony was unequivocal that the items obtained from defendant were the same items given to another officer ...

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Property – Real Estate Sale – Fraud – Power Line Easement – Va. Consumer Protection Act (access required)

Where the seller of a five-acre unimproved lot knowingly concealed the existence of an electrical transmission line easement and made false representations as to its existence, and the buyers relied on the seller’s representations that documents he provided, which did ...

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Property – Residential Property Disclosure Act – Termite Damage (access required)

Where plaintiff buyers allege defendant real estate broker and the broker’s agent concealed reports of two pest control companies about the property’s termite damage and instead provided the inspection report from a third company that reported the property to be ...

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Products Liability – Fire-Retardant Plywood – Va. Consumer Protection Act – Economic-Loss Rule (309839) (access required)

1994 V.C.C. (VLW 094-8-244) Fitzjohn v. Fitzjohn Domestic Relations Child Support Arrearage – Service Of Process Although the Circuit Court earlier determined that personal service was necessary for complainant mother’s rule to show cause, posted service on the mother’s motion ...

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Property – Taking – Petition To Amend Certificate (access required)

Although this Circuit Court earlier denied a petition to amend in this condemnation case because of the time that had elapsed since the filing of the initial certificate, the fact that funds had been withdrawn by the landowner and because ...

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