Home / Opinion Digests (page 12) /

Opinion Digests

Evidence did not support reckless driving conviction (access required)

Where the commonwealth’s evidence showed that appellant hit a motorcycle, the fact of the collision, without more, was insufficient to sustain a reckless driving conviction. A “conviction for reckless driving requires a mens rea of a knowing disregard of a ...

Read More »

Spousal support correctly determined on remand (access required)

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

Read More »

Setback variance to build screened porch approved (access required)

Respondent’s board of zoning appeals incorrectly denied petitioners a setback variance to replace a deck at their residential home with a screened porch. Background Petitioners own a home on a corner lot in Vienna, Virginia. The lot is wider than ...

Read More »

Legislative moratorium on uranium mining upheld (access required)

Where plaintiffs claim that the General Assembly’s temporary moratorium on uranium mining results in an unconstitutional taking of their property rights, the statute is upheld under a strict scrutiny analysis. Although a taking has occurred, the commonwealth has demonstrated a ...

Read More »

Wiretap orders sufficiently identified authorizing official (access required)

Although the orders authorizing wiretaps simply identified a Deputy Assistant Attorney General in the Criminal Division as the authorizing official, and there are six persons who hold that title, because the specific official was named in the applications, which accompanied ...

Read More »