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Opinion Digests

Traffic Offenses – Second DUI – Reckless Driving – Related Offense (access required)

Where defendant driver first hit a concrete barrier “around one o’clock-ish” in the afternoon, and he went on to hit another automobile within three to five minutes later, his conviction for reckless driving for the latter collision will preclude his ...

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Domestic Relations (310280) (access required)

Unitary Support Award Although husband asserted that emancipation of the parties’ two sons necessitated apportionment of the unitary support award provided for in the parties’ separation agreement, the agreement did not require apportionment. The agreement signed by the parties expressly ...

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Criminal – Pretrial Discovery – Exculpatory Material – Credibility (access required)

Although defendant alleged the prosecution failed to disclose “taped” pretrial conversations between a commonwealth witness and detectives investigating the larceny offenses, the record supported the trial court’s conclusion that the witness, who told detectives that another man had confessed the ...

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Criminal – Probation Revocation – Cocaine Use – Currency Of Lab Test (access required)

Where defendant had tested positive for cocaine use the day after sentencing, the illegal drug use occurred prior to his being placed on probation, and defendant again tested positive for cocaine eight days later, there was insufficient evidence to conclude ...

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

Although defendant, who was subjected to an enhanced punishment for her third offense of concealment, objects to the prosecution’s method of redacting the prior conviction orders submitted to the jury to establish her eligibility for a sentence enhancement, the jury ...

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Evidence – Relevance – Papers In Defendant's Wallet – Cocaine Distribution (access required)

Where a police officer testified about papers he found in defendant’s wallet, which were returned to defendant, and which showed dollar figures and first names, this testimony was relevant in proving defendant’s intent to distribute the cocaine he possessed. At ...

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Civil Practice – Statute Of Repose – Suit Against Builder (access required)

Where the defendant builder has brought a cross-claim against another company, but that company argues that the suit is barred by the statute of repose in Va. Code § 8.01-250, the Circuit Court adopts the view of a federal district ...

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Wills & Trusts – Will Contest – Limitations – Unsound Mind (access required)

Where one of the testator’s heirs was both a nonresident of West Virginia and of unsound mind at the time of the testator’s death, the statute of limitations under Va. Code § 64.1-90 for challenging the testator’s will is tolled ...

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