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Opinion Digests

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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Workers' Comp – Injury By Accident – Back Injury (access required)

Where claimant sustained an injury to his back and his right lower extremity during a single industrial accident in which a conveyor chain caught his leg and caused him to fall on his back across metal machinery, credible evidence supports ...

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Criminal – Nighttime Burglary – Sufficiency (access required)

Where the evidence showed that the residence was burglarized sometime between 8:00 p.m. on July 1, 1992 and 4:00 p.m., the following day, that melted candle wax was discovered throughout the house, including in the victim’s bedroom, where she kept ...

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Tort – False Imprisonment – Malicious Prosecution – Auto Repossession – Pleading (access required)

Where plaintiff alleges that defendant employees of a private investigator were acting as agents or servants of defendant bank when they attempted to repossess plaintiff’s car, and that the employees’ act in appearing before a magistrate and procuring arrest warrants ...

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Insurance – UM Coverage – 'Use' Of Vehicle – Shooting Of Police Officer (access required)

Where the insured decedent remained in his car and shot at the police officer as the officer approached decedent’s car, the shooting arose from decedent’s “use” of the car and the officer’s injuries are covered under the decedent’s uninsured motorist ...

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