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Opinion Digests

CAV: “Breaking” proven by accomplice opening door (access required)

The Commonwealth offered sufficient evidence to prove that the defendant broke into the victim’s house, offering testimony that the defendant recruited an accomplice to inveigle her way into the house and unlock the door. Background In the afternoon of August ...

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CAV: No evidence that seeing needle caused EMT to faint (access required)

The Commission erred in concluding that an EMT, who had previously felt light-headed but never fainted when seeing large needle injections, showed that his loss of consciousness was caused by observing a spinal injection. Background On July 1, 2016, Appellee ...

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CAV: Retirement balance properly assessed at separation (access required)

Although a retirement account partially containing marital property had a balance of zero by the time of the equitable distribution hearing, the circuit court properly applied the relevant statute in considering the account balance at the time the parties separated. ...

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CAV: Father wrongly excluded from adoption proceedings (access required)

Denying an incarcerated father’s request for transportation to his child’s adoption hearing, without offering him an alternative means to participate, was an abuse of the trial court’s discretion. Background On June 20, 2016, Appellee Shawn B. Foster, joined by his ...

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WDVA: Restitution doesn’t preclude civil damages (access required)

A victim already entitled to restitution via criminal proceedings could still seek civil damages for the defendant’s abusive sexual contact, though restitution would be offset by the amount awarded. Background All that remains of this employment case is a single, ...

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WDVA: Student denied leave to proceed as “John Doe” (access required)

Asserting due-process claims after his school disciplined him for cheating, the plaintiff couldn’t use a pseudonym because his potential embarrassment did not outweigh the court’s presumption of openness. Background The plaintiff is a currently a senior at Defendant Virginia Polytechnic ...

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WDVA: Father must return child to Canada (access required)

A mother successfully petitioned for the return of her eight-year-old son. The parents had joint custody in Canada, but the child’s father unilaterally brought him to Roanoke to protect him from the effects of his mother’s extreme drug abuse. Background ...

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