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Opinion Digests

Criminal – Use Immunity – Multi-Jurisdiction Grand Jury – Forged Prescriptions (access required)

Where defendant testified before a multi-jurisdiction grand jury on various drug-related charges, she was entitled only to use immunity under Va. Code § 19.2-215.7 and her later conviction for uttering forged prescriptions to obtain controlled substances is affirmed because her ...

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Criminal – Habitual Offender – Alcoholic – Need For GAL – Severance (access required)

Although defendant, who is charged with driving after having been adjudicated an habitual offender and with DUI, did not have a guardian ad litem appointed for him at the HO proceedings, the prior adjudication need not be vacated because defendant ...

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Workers' Comp – Asthma – Workplace Conditions – Electric Motor Winder – Occupational Disease (access required)

Claimant, an electric motor winder who disassembles electric motors of various sizes, has presented medical reports to establish that his asthma results from workplace exposure and the award of benefits is affirmed. We find a direct causal connection between the ...

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Domestic Relations – Equitable Distribution – Cocaine-Addicted Wife (access required)

Where the parties initially made equal contributions to the family’s marital property, but in the later stages of the marriage, the wife’s cocaine addiction clearly resulted in the loss of personalty and the squandering of money earned by her husband, ...

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Civil Practice – Res Judicata – Suit For Release Of Lien (access required)

Where plaintiff, a partnership that earlier borrowed $12 million from defendant Resolution Trust Corporation’s predecessor bank, earlier litigated a federal district court suit seeking to compel a partial release of a lien on the parcel securing the loan based on ...

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Tort/Negligence – Defamation – Product Packaging – Qualified Privilege (access required)

Although defendant may have a qualified privilege regarding his statements about possible problems with the packaging of plaintiff’s product, his plea in bar based on such a privilege is overruled because the plea raises issues of fact, such as defendant’s ...

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Domestic Relations – Child Support Guidelines – Inclusion Of Spousal Support (access required)

In calculating the custodial parent’s entitlement to child support under the statutory child support guidelines, the court finds that spousal support ordered prior to calculation of the child support should be considered as part of the statutory guidelines calculations. Pursuant ...

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Criminal – DUI – Certificate Of Analysis – Availability Of Breath Test – Burping Defendant (access required)

Where the lab technician who was to administer the breathalyzer test selected by defendant admonished him that to ensure accurate test results he should not burp during the 20 minutes preceding the test, but during two separate waiting periods, defendant ...

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Property – Surface Water – Prior Boundary Dispute – Drainspouts (access required)

Although the evidence fully supports the commissioner’s conclusion that plaintiffs, when they first graded their lot for construction of their home, could have created a suitable home site on their lot without throwing the surface water from its natural flow ...

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