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Opinion Digests

Civil Practice – Habitual Offender – Predicate Offense – Invalid Ordinance (access required)

Although defendant received a lesser punishment for a DUI conviction under a local Strasburg ordinance than he would have received under analogous state law, in that defendant received a restricted driver’s license and the state statute did not authorize this ...

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Unemployment Comp (access required)

Offer Of Suitable Work Although the position of “stocker” offered to claimant was part-time work, it nevertheless was suitable employment under Va. Code § 60.2-618(3) where the job was located within a reasonable commuting distance from claimant’s home, was offered ...

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Evidence – Impeachment – Witness' Alleged Misconduct (access required)

Where the trial court allowed the prosecutor to ask a defense witness if he had threatened the commonwealth’s witness without determining whether the question was based on a reasonable belief that the witness had made such threats, this was error, ...

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Evidence – Other Crimes – Motive & Intent – Girlfriend's Murder (access required)

Where the commonwealth introduced evidence that defendant killed his girlfriend shortly after killing another victim, a male who was romantically interested in the girlfriend, evidence of the girlfriend’s murder was properly admitted because it went to defendant’s motive, plan and ...

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Criminal – Malicious Wounding – Lesser Included Offenses – Jury Instruction (access required)

Although defendant, who procured bats and a nightstick and provided transportation to the site and “covered” while two others brutally assaulted a sleeping couple, stated during his confession that he wanted to withdraw while the assaults were in progress, this ...

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Criminal – Malicious Wounding – Evidence Of Malice (access required)

Where witnesses testified that defendant, during an altercation outside a convenience store, struck the victim with “something chrome,” and that he had something “dark…possibly black” in his hand when he struck the victim, the trial judge could reasonably infer that ...

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Evidence – Credit Card Theft – Documentary Proofs – Hearsay – Shopbook Exception (access required)

Where the trial court admitted at defendant’s trial for credit card theft and fraud a “Cardmember Record” that reflected transactions and “memo activity” on a particular account and also included a notation that a particular Fairfax police officer had advised ...

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Workers' Comp – Change In Condition – Stress Fractures – Heavy Lifting – Cosmetic Salesperson (access required)

Where claimant’s treating orthopedic surgeon released her to return to her pre-injury job of department store cosmetic sales with instructions to avoid heavy lifting, and after working one year at this type of employment, claimant voluntarily resigned, she has presented ...

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Workers' Comp – Change In Condition – Medical Record Of Disability (access required)

Although claimant continued medical treatment upon his return to work after his compensable cervical spine injury, office notes from his original treating physician and from a neurologist to whom he was referred make no mention of additional disability after his ...

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