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Opinion Digests

Contract – Implied Contract For Services – Spouse's Services During Illness- Recovery From Estate (access required)

Plaintiff widow may not recover from the estate of her deceased husband on an implied contract theory for services she rendered to him during a period of illness. The dismissal of plaintiff’s suit is upheld under the court’s earlier decision ...

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Labor & Employment – Municipal – Civil Practice – Law Of The Case – Police Retirement Benefits – Retroactive (access required)

Where this court earlier held that retired police officers in the City of Richmond were entitled to receive two-thirds of their average final compensation without any deductions for workers’ compensation or social security disability payments, the trial court did not ...

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Rehearing En Banc (access required)

On Nov. 19, 1993, the Virginia Court of Appeals granted a rehearing en banc in Wynne v. Commonwealth, No. 0035-91-1 (VLW 093-7-630). A digest of the case originally appeared in the Nov. 15, 1993 issue of VLW.

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Rehearings Granted (access required)

On Nov. 17, 1993, the Virginia Court of Appeals granted rehearings en banc in the following cases: Chaine v. Commonwealth, No. 1712-91-1, VLW 093-7-596, originally decided by the panel on Oct. 12, 1993. McCauley v. Commonwealth, No. 0809-92-2, VLW 093-7-561, ...

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Criminal – Cocaine Possession – Accommodation Instruction – Rastafarians' Use Of Marijuana (access required)

Although defendant presented testimony, which contradicted what he earlier had told the officer who questioned him, that he was transporting the 17 pounds of marijuana discovered in his jeep to New York for use in Rastafarians’ religious ceremonies, defendant nevertheless ...

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Criminal – Search & Seizure – Airport Seizure – Consensual Encounter (access required)

Although defendant contends he was illegally detained in an airport when plain-clothes drug agents questioned him about his arrival from New York City and his travel plans after observing the “unnatural bulge” in the crotch of defendant’s trousers, the conduct ...

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Criminal – Cocaine Possession – Motel Room Guest – Sufficiency – Reversal (access required)

Although police discovered crack cocaine in a toothbrush holder and under a bed when they searched the motel room where defendant was staying with a friend, there nevertheless was insufficient evidence to convict defendant of possession with intent to distribute, ...

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