Although the road on which defendant was driving after having been adjudicated an habitual offender was within a federal enclave, the court rejects defendant’s claim that he could not be prosecuted for such driving because the road was not a ...
Read More »Criminal – Habitual Offender – Driving After Adjudication – Federal Enclave – Commonwealth Highway
Criminal – DUI – Second Offense – First Conviction Void 
Although defendant’s first conviction for DUI was under Fairfax County Code § 82-4-017, which this court later held to be invalid, he nevertheless was properly sentenced under Code § 18.2-270 for second DUI offense within five years. We hold that ...
Read More »Criminal – Unauthorized Use Of Auto – Sufficiency – Reversal 
Where defendant’s friend told defendant the car defendant was driving was rented from a person named Calvin, and the friend discovered the true owner’s license above the sun visor and the true owner’s checkbook in the glovebox, but never told ...
Read More »Criminal – Venue – Vehicle Titles 
Although defendant contends that because she purchased the subject vehicles in Norfolk and lived in Virginia Beach, the circuit court of Isle of Wight County was an improper venue for her prosecution under Va. Code § 18.2-115, we disagree and ...
Read More »Workers' Comp – Occupational Disease – Carpal Tunnel – Bakery Clerk 
Where claimant’s neurosurgeon and her orthopedist both related her carpal tunnel syndrome to her repetitive work activity as a bakery clerk, she met the six requirements for occupational disease under Code § 65.1-46. Where, as here, there is no suggestion ...
Read More »Workers' Comp – Residual Work Capacity – Back Injury – School Cook 
Although there is conflicting medical evidence concerning claimant’s ability to return to some form of employment, even if she cannot return to her former employment as a school cook, medical records and opinions from several physicians constitute credible evidence to ...
Read More »Domestic Relations – Equitable Distribution – Taxes From Sale 
Where the trial court reduced a monetary award previously made to wife by one-half of the taxes found to be incurred by husband in the sale of property necessary to comply with the award, this reduction was not an abuse ...
Read More »Civil Practice – Habitual Offender – Predicate Conviction – Prima Facie Case 
Although respondent claimed the signature on a West Virginia “driving suspended” traffic ticket listed on his Virginia DMV transcript was not his, and that he could not have received such a ticket in 1986 because the Virginia transcript did not ...
Read More »Domestic Relations – Spousal Support – Reversal – No Request In Pleadings 
Where the husband filed for a divorce based on the parties having lived separate and apart for at least one year, and the wife responded pro se with a handwritten letter in which she alleged that her husband had failed ...
Read More »Domestic Relations – Equitable Distribution – PI Settlement Proceeds 
The trial court did not err in holding husband accountable for the amount of insurance proceeds existing at the time of separation. The trial judge earlier ruled that the proceeds of a $300,000 personal injury settlement were the separate property ...
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