Although defendant did not speak or act as though he were aware of the crack cocaine in the room where police executed the search warrant, defendant’s proximity to the drugs (three to four feet from the drugs and a pipe), ...
Read More »Criminal – Cocaine – Constructive Possession – Proximity – Sufficiency
Domestic Relations – Contempt – Child Support Arrearage – Jury Trial 
Although the trial court sentenced defendant father to 12 months in jail for contempt if he did not purge the contempt by paying the arrearage, the trial court’s order did not convert the punishment from civil to criminal, and therefore ...
Read More »Criminal – Rape – Cross-Examination – Bias of Prosecuting Witness 
Where the trial court limited defendant’s cross-examination of the woman who accused him of rape, refusing to allow defendant to inquire into a civil suit between defendant and the woman’s parents or the father’s domination of the woman and potential ...
Read More »Criminal – Brady Material – Intent To Defile – Sufficiency – Fiber Evidence 
Where defendant, a male stranger, abducted a five-year-old child from a Christmas party, where he appeared to be focused on sexual activity and had paid a great deal of attention to the child, and ransom, robbery, parental abduction or personal ...
Read More »Workers' Comp – Refusal Of Selective Employment – Cure – Res Judicata – Back Injury 
Where claimant, who had sustained a compensable injury to her back, cured her unjustified refusal of employment by accepting other employment and entered into a memorandum of agreement with employer regarding benefits, then claimant left that employment due to her ...
Read More »Municipal 
Public Hearing On Bond Issue A petition filed in circuit court by the Economic Development Authority for the validation of lease revenue bonds need not be dismissed because the EDA has not held a public hearing on the bond issue. ...
Read More »Taxation – Municipal – Rehabilitation Tax Credit – Decrease In Assessed Value 
Where the property owner received a five-year “rehabilitation tax credit” for its rehabilitation project which increased the assessed value of its property by approximately $8 million, but the later decrease in the value of the property also resulted in a ...
Read More »Contract – Administrative – Government Contract – Highway Toll System – Injunction 
Where plaintiff is challenging the method by which the Virginia Department of Transportation awarded a contract for construction of an automatic toll collection system, the circuit court grants plaintiff a preliminary injunction to prevent the contractor who won the contract ...
Read More »Consumer Protection – Auto – Magnuson-Moss Act – Warranties – Conspicuousness 
Where the warranty disclaimer on the purchase form for plaintiff’s Range Rover vehicle appeared on the back side of the form, in large, italicized type, and the front portion of the form stated in red ink in capital letters that ...
Read More »Property – Subdivision Lots – Restrictive Covenants – Necessary Parties 
Where complainant lot owners are suing another lot owner to enjoin defendant owner from subdividing and selling subdivided portions of the owner’s lot in violation of the subdivision’s restrictive covenants, and the respondents then filed their own cross-bill seeking enforcement ...
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