The trial court did not err in sentencing defendant for cocaine sales under the voluntary sentencing guidelines in effect at the time of sentencing, rather than the guidelines in effect a the time the crime was committed; because application of ...
Read More »Criminal – Sentencing Guidelines – New Guidelines
Domestic Relations – Pendente Lite Support – Paternity Tests 
The trial court orders the putative father to pay temporary child support, subject to his question as to paternity and the blood tests which will be ordered by the court, with the costs to be borne by the father. Until ...
Read More »Administrative – Certificate Of Public Need – Hospital's Application – Timely Letter Of Intent 
Although plaintiff hospital contends that the Virginia State Health Commissioner exceeded his authority in accepting the application of another hospital to participate in a certificate of public need batching process regarding that hospital’s application for an exemption from a COPN ...
Read More »Tort/Negligence – Property Destruction – Killing Of Falcon – Negligence Per Se 
Where plaintiff alleges defendant killed plaintiff’s Gyr/Peregrine Falcon, an endangered species under state and federal law, and that this action was negligence per se under state and federal statutes, defendant’s demurrer to this claim is sustained. Plaintiff was licensed to ...
Read More »Domestic Relations – Equitable Distribution – Marital Home – Joint Tenants 
Where the parties acquired the marital residence as joint tenants prior to their marriage, they will still own the residence as joint tenants after the divorce, and either party may take whatever action deemed advisable to assert his or her ...
Read More »Commercial – Car Dealer – Floor Planning 
Where the wholesale floor planner for the automobile dealership established that the dealer, who went out of business in April 1991, had sold 15 vehicles to consumers who had financed their purchases with plaintiff credit corporation, and defendant floor planner ...
Read More »Workers' Comp – Occupational Disease – Carpal Tunnel (307282) 
Where claimant’s orthopedic surgeon testified that to a reasonable medical certainty claimant’s carpal tunnel syndrome was more likely caused by her work sewing waistbands in jogging suits rather than by any degenerative change, previous tendinitis, medication or previous employment, and ...
Read More »Criminal – Venue – Threats Against Law Enforcement Officer – Federal Prisoner 
Although defendant made his alleged threats to murder the Assistant U.S. Attorney who prosecuted him for drug crimes in the Southern District of West Virginia while defendant was incarcerated in a federal correctional institution in Ashland, Kentucky, the proper venue ...
Read More »Contract – Trust Agreement – Creditor's Claims – Employer's Insolvency 
Where the employer, a savings & loan association now in receivership administered by the Resolution Trust Corporation, earlier entered into certain deferred compensation agreements to create “rabbi” trusts with certain senior management employees as recipients, the district court did not ...
Read More »Criminal – Restitution – Insufficient Findings – Financial Resources & Needs – Counterfeit Access Devices 
Where the findings recommended in the defendants’ presentence reports were adopted by the district court to support its order of restitution, but where the presentence reports did not contain recommended findings (1) as to the defendants’ individual or families’ financial ...
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