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Opinion Digests

Intellectual Property – Copyright – Dickens Carolers Figurines – Injunction During Christmas Season (access required)

Although defendants’ molded figurines of “Dickens Christmas carolers” resemble those handmade and sold by plaintiffs and include characters based on the same archetypal figures: a pudgy man with a stovepipe hat, the singing woman with a shawl, the drummer boy ...

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Criminal – Grand Larceny – Value Of TVs – Opinion Evidence (access required)

Where the commonwealth in this grand larceny case attempted to prove the value of two television sets stolen from a cable television company with the opinion testimony of the cable company’s video production chief,” the opinion of this non-owner of ...

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Criminal – Capital Murder – Pretrial Publicity (access required)

Although defendant contends the trial court should have moved his capital murder trial to another jurisdiction because of prejudicial pretrial publicity about a co-defendant’s account of the murders of a local couple and of four other similar murders in which ...

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Workers' Comp – Injury By Accident – Arising From Crouched Position (access required)

Where claimant, a maintenance technician, was repairing a whirlpool water heater in a pump room, and after he completed his work in a kneeling or squatting position, he arose for a third time from this position and felt a sharp ...

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Jury & Jurors – Strike For Cause – Pretrial Publicity (access required)

Where the prospective juror had heard or read about the charges against defendant through the news media, and the juror stated that she would do her “best” to base her decision on the evidence presented at trial, but she also ...

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Search & Seizure – Warrantless Search – Regulated Industry – Coal Mining (access required)

Although mining is a closely regulated industry and the government has a strong and legitimate interest in promoting industry safety, we hold that the warrantless seizure of cigarettes and a cigarette lighter from two miners during an unannounced spot search ...

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Jurisdiction – Appeal – State Employee Grievance (access required)

Where the state corrections department is appealing a circuit court’s decision that the department should have reinstated an employee to his old position, rather than transferred him to a new position, this court does not have jurisdiction to review the ...

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Criminal – Commonwealth's Appeal Right – Interlocutory Appeal (access required)

Although the commonwealth, but not criminal defendants, have a right of interlocutory appeal of rulings on motions to suppress, the statute that authorizes this right, Va. Code § 19.2-398, does not violate defendant’s right to equal protection. The nature of ...

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