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Opinion Digests

Domestic Relations – Joint Custody Award – No Abuse Of Discretion (access required)

Where an independent psychological report recommended liberal visitation with the father, the commissioner recommended joint legal custody, with primary physical custody to the mother and liberal visitation with the father because of the good relationship both parents have with the ...

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Criminal – DUI – Denial Of Blood Test – Availability Of Blood Test (access required)

Where the county had a policy that blood tests for DUI were unavailable at certain times, the county did not satisfy the burden of proving the test was unavailable under the statutory standard as stated in Snead v. Commonwealth, 437 ...

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Evidence – Cumulative Testimony – Son's Account Of Domestic Incident (access required)

Although the husband and wife already had presented their version of what happened when a police officer responded to a domestic violence call and attempted to question the son about the incident outside the husband’s presence, and the husband and ...

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Criminal – Speedy Trial – Inadequate Record (access required)

Where defendant apparently moved at the time of trial to dismiss the prosecution based upon non-compliance with the time constraints of Va. Code § 19.2-243, and this motion was overruled by the trial court, but there is no proper record ...

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Workers' Comp (308584) (access required)

‘Third-Party Insurance Carrier’ Where the employer, who was self-insured for non-work-related claims, during the pendency of the employee’s occupational disease claim paid a portion of claimant’s medical expenses through its servicing company, Blue Cross/Blue Shield, and after entry of the ...

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Criminal – Search & Seizure – Pickup Truck – Storage Lot (access required)

Where defendant left his apartment in a pickup truck in order to obtain help for a severe heart problem, and when he encountered an ambulance and police, he requested the police to take custody of his pickup, which then was ...

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Tort/Negligence – Civil Practice – Pleading – Tortious Interference (access required)

Where plaintiff has failed to allege particular contracts with which defendant tortiously interfered, the court sustains defendant’s demurrer to that count of the motion for judgment. In order to state a cause of action for tortious interference under Virginia law, ...

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