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Tag Archives: Judge James W. Haley Jr.

Lack of agreement precludes ‘de facto’ award finding (access required)

Where there was no written agreement between employer and claimant that he suffered a compensable injury, the Virginia Workers’ Compensation Commission correctly refused to impute a de facto benefits award. Further, the commission correctly concluded that the evidence showed that ...

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Victim was incapacitated and helpless in sex crimes case (access required)

The commonwealth’s evidence established that a sexual assault victim was mentally incapacitated and physically helpless when appellant assaulted her at a college fraternity party. Legal standard “[E]ach of the offenses in this case – rape, forcible sodomy, and animate object ...

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Commonwealth’s witness did not ‘adulterate’ testimony (access required)

Where a second commonwealth witness was present in the courtroom when another commonwealth witness testified during defendant’s trial for making false Medicaid payment applications, the trial court properly ruled that allowing the second witness to testify would not prejudice defendant. ...

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Motion for reunification therapist correctly denied (access required)

Where the court entered a final order regarding custody, visitation and support after finding that father “continued ‘to scuttle the process,’” of the court’s efforts to repair father’s relationship with the parties’ children, the court correctly denied father’s motion filed ...

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Insufficient evidence to sustain extortion conviction (access required)

Appellant’s extortion conviction is reversed because there was no evidence of a threat before the victim gave her money. The commonwealth concedes there was insufficient evidence to support the jury’s guilty verdict. Overview The victim responded to appellant’s ad on ...

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