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Opinion Digests

Criminal – Habeas Corpus – Capital Murder – Fellow Inmate – Perjury (access required)

Although petitioner contends he was convicted of capital murder by burning of a fellow inmate on the perjured testimony of another inmate, who committed the murder himself and who has since recanted his testimony incriminating defendant, these federal habeas claims ...

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Zoning – Appeals – Administrator's Appeal Of Own Decision (access required)

Where the zoning administrator in 1981 erroneously issued a non-residential use permit to allow the owner to operate a car repair business in an area zoned as a “residential estate district,” but the owner continued to operate the business after ...

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Search & Seizure – Consent – Withdrawal (access required)

The Court of Appeals did not err in ruling that 1) the appellant consented to a search of his person for the purpose of determining whether he possessed any illegal narcotics and 2) the defendant did not withdraw that consent ...

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Property – Survivorship Rights – Joint Tenants (access required)

Although the deed conveyed land to the grantees “as joint tenants, and not as tenants in common,” the trial court erred in holding that this language was sufficient to create an estate with survivorship. Virginia Code § § 55-20 and ...

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Domestic Relations – Child Support Guidelines – Standard Of Living (access required)

The trial court did not err in ordering the father to pay child support $50 over the monthly guideline amount in light of evidence of the parents’ respective incomes and the fact that the father provided nearly 65 percent of ...

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Domestic Relations – Equitable Distribution – Incarcerated Husband – Committee For Prisoner (access required)

Where a committee was never appointed for the husband, who was incarcerated for murder during the divorce proceedings, the court’s equitable distribution award is reversed and the case remanded. Virginia Code § 53.1-223 provides that no action or suit on ...

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Criminal – Evidence – Other Crimes – Cocaine Sale (access required)

Where the trial court allowed a witness present in the house when the search was conducted to testify that she had purchased cocaine from defendant at the same residence between 8:00 a.m. and 9:30 a.m. on the same day, and ...

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Workers' Comp – Causation – Back & Neck Problems (access required)

Although claimant’s chiropractor opined that claimant’s back and neck symptoms were related to his job, the commission was entitled to accept the contrary opinion of claimant’s treating physician, and the commission’s denial of benefits is affirmed. The treating physician indicated ...

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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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