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Tag Archives: Judge James W. Haley Jr.

Fingerprint evidence supports firearm offense conviction (access required)

Where appellant’s fingerprint was found on a gun that was several feet away from him on the ground, his conviction for possessing a firearm after conviction of a violent felony is affirmed. Overview “Appellant maintains that police obtained his identifying ...

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No attorney fees awarded in post-divorce litigation (access required)

Where each party sought an order to have the other party pay attorney fees incurred in connection with father’s petition to show cause regarding mother’s failure to timely provide income information, to participate in a division of disputed person property ...

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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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