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Opinion Digests

Domestic Relations – Child Support Guidelines – Standard Of Living (access required)

The trial court did not err in ordering the father to pay child support $50 over the monthly guideline amount in light of evidence of the parents’ respective incomes and the fact that the father provided nearly 65 percent of ...

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Domestic Relations – Equitable Distribution – Incarcerated Husband – Committee For Prisoner (access required)

Where a committee was never appointed for the husband, who was incarcerated for murder during the divorce proceedings, the court’s equitable distribution award is reversed and the case remanded. Virginia Code § 53.1-223 provides that no action or suit on ...

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Criminal – Evidence – Other Crimes – Cocaine Sale (access required)

Where the trial court allowed a witness present in the house when the search was conducted to testify that she had purchased cocaine from defendant at the same residence between 8:00 a.m. and 9:30 a.m. on the same day, and ...

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Workers' Comp – Causation – Back & Neck Problems (access required)

Although claimant’s chiropractor opined that claimant’s back and neck symptoms were related to his job, the commission was entitled to accept the contrary opinion of claimant’s treating physician, and the commission’s denial of benefits is affirmed. The treating physician indicated ...

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Appeals – Rule 5A:18 – Double Jeopardy (access required)

For the reasons stated in the panel’s majority opinion (VLW 093-7-596), 436 S.E. 2d 187 (1993), the en banc court reverses the defendant’s conviction for violation of Va. Code § 18.2-361 and lifts the stay of this court’s Oct. 12, ...

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Workers' Comp – Back Injury – Washing Windows (access required)

The commission did not err in accepting the employee’s claim that she was injured while washing windows for her employer. The commission found credible claimant’s testimony that she experienced a sharp sudden pain in her lower back as she was ...

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Criminal – Breaking & Entering – Unoccupied Dwelling (access required)

Although defendant broke into the apartment after the occupants had left upon hearing defendant’s threats, the fact that the apartment was unoccupied when defendant entered does not preclude defendant from being convicted under Va. Code § 18.2-92 for breaking and ...

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Criminal – Attempted Robbery – Firearm Use – Sufficiency (access required)

Where defendant was convicted of attempted robbery, with a firearm, of the manager of a restaurant where defendant worked, based on circumstantial evidence, including defendant’s statement at the time of the arrest, “I didn’t even have a gun,” this statement ...

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