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Opinion Digests

Criminal – Unlawful Wounding – Sufficiency (access required)

There was sufficient evidence to convict defendant in a bench trial of unlawful wounding in violation of Va. Code § 18.2-51. Felton v. Commonwealth (Hodges) No. 2217-92-4, April 26, 1994; Alexandria Cir.Ct. (Kent) Stefan C. Long for appellant; Janet F. ...

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Workers' Comp – Claimant's Credibility – Notice Of Accident (access required)

The commission did not err in concluding, based on claimant’s lack of credibility, that he had failed to prove an injury by accident and that he had given timely notice of the accident to the employer. After reciting the inconsistencies ...

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Workers' Comp – Causation – Back Injury – Treating Physician (access required)

In determining whether claimant’s back injury was causally connected to his industrial accident, the commission was entitled to accept the opinion of one physician over that of the treating physician where the former physician filed a five-page report in which ...

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Criminal – Evidence – Familiarity With Handguns (access required)

Where defendant told the police and also testified that she was unfamiliar with handguns, other than the one her husband gave her in 1987, the commonwealth’s evidence that defendant had carried a handgun in 1967 and that she also owned ...

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Criminal (309137) (access required)

Other Crimes The judgment of the trial court is affirmed; if evidence of another crime tends to prove any other relevant fact of the offense charged, and is otherwise admissible, it will not be excluded merely because it also shows ...

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Criminal – Cocaine – Constructive Possession (access required)

Where defendant’s girlfriend found a cigarette package containing cocaine located where the girlfriend and defendant had earlier engaged in a fight, and the girlfriend testified that no one but herself, her children and defendant had been in the apartment until ...

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Workers' Comp – Causation – Slip From Roof – Aggravation Of Pre-Existing Injury – Multiple Injuries (access required)

Where claimant originally slipped on a roof in 1986 and twisted his back, his later falls were aggravations of his pre-existing injury, and he is entitled to benefits for his temporary total disability. Credible evidence supports the commission’s finding that ...

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Consumer Protection – Consumer Finance Act – Check-Cashing Service (access required)

Where defendant check-cashing service advanced funds to customers against post-dated checks, discounted by a particular amount, in exchange for full payment at a later time, these advances constituted loans which are subject to the Virginia Consumer Finance Act, Va. Code ...

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Negligence – Auto Accident – Scope Of Release – Summary Judgment (access required)

Although the release signed by the driver of one vehicle and a plaintiff purported to release that driver and her insurance company “and all other persons” from “any and all claims…whatsoever…growing out of any and all known” and unknown injuries ...

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