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Opinion Digests

Domestic Relations – Jurisdiction – Interlocutory Appeal (access required)

Where the trial court’s ruling merely concluded that the parties’ marriage was valid, and did not grant or deny a divorce, spousal support or equitable distribution, the order was interlocutory and this court has no jurisdiction over the appeal of ...

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Criminal – Enhanced Punishment – Prior Record Presentation (310349) (access required)

Where the trial court at defendant’s trial for a third offense of petit larceny allowed the complete text of defendant’s prior sentencing orders, including the level of punishment assessed, to go before the jury, the failure to redact this prejudicial ...

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Criminal – Indictment Amendment – Statutory Reference – Code Language (access required)

Where the original indictment charged defendant with malicious bodily injury of a deputy, by beating and kicking her and abusing her physically, in violation of Va. Code § 18.2-51.1, the trial court did not err in allowing an amendment to ...

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Property – Environmental – Escheat To State – Toxic Waste Dump (access required)

Where three parcels of land in the City of Roanoke were abandoned and escheated to the state in 1989, but the escheator discovered in 1993 that the property contained a toxic waste dump, the escheator may correct the verdict of ...

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Negligence – Duty Of Care – Custodian Of Correctional Alternative (access required)

Where plaintiff alleges her decedent was shot and killed by a resident of defendant institution, the “National Center on Institutions and Alternatives,” which failed to control the assailant, plaintiff has failed to allege that the institution owed a special duty ...

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Negligence – Workers' Comp Bar – Workplace Sexual Assault (access required)

Where plaintiff alleges that defendant employer knew of the risk of harassment by a third party and that she was subjected to physical, sexual attacks after her employer failed to protect her, resulting in emotional injury, plaintiff’s claim is barred ...

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Medical Malpractice – Conspiracy To Commit Malpractice – Disclosure Of Confidential Information (access required)

Where plaintiff alleges that while she was receiving prenatal care at defendant hospital, plaintiff communicated personal medical information to a hospital employee who subsequently disclosed that information to a hospital nurse and her lawyer who were defending plaintiff’s medical malpractice ...

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Wills & Trusts – Estate's Liability – Partnership Guarantee – D.C. Law (access required)

Where the partnership’s obligations under a guaranty were not in default when the general partner died, but the other general partner continued business under the partnership, despite its dissolution under the agreement and under the controlling District of Columbia partnership ...

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Criminal – Miranda Warnings – Custody – Handcuffs & Questions (access required)

Where the police handcuffed defendant and interrogated him by asking him where he got the bike, defendant was in custody and his statements must be suppressed because he had not received his Miranda warnings. However, statements defendant made the next ...

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