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Tag Archives: Judge Marla Graff Decker

Prosecution concedes failure to prove suspended license case (access required)

Appellant’s conviction for driving on a suspended license, fifth offense, is reversed. The prosecution has conceded that appellant lacked sufficient notice that her license was suspended when she committed the offense. Prior proceedings In July 2016, a police officer made ...

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Court erred by finding speedy trial violation (access required)

The trial court erred by weighing a COVID-19 delay significantly in defendant’s favor when dismissing the charges against him on constitutional speedy trial grounds. Length of delay “The Commonwealth contends that the circuit court’s constitutional speedy trial analysis was erroneous ...

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Husband not required to get new life insurance policy (access required)

Where there were no life insurance policies naming wife as beneficiary when the court issued the final divorce decree, the court incorrectly ordered husband to obtain a new $100,000 policy for wife’s benefit. No statutory authority “A ‘court may order ...

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Employer did not prove safety rule violation (access required)

Where claimant crushed her hand between the walk-behind fork truck she was operating and a metal crate, the Virginia Workers’ Compensation Commission correctly affirmed the deputy commissioner’s decision to approve claimant’s application for benefits. The employer did not prove that ...

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Second deferred disposition of drug charge properly denied (access required)

Where appellant received a deferred disposition of a marijuana possession charge in 2007, the trial court correctly ruled that he could not receive a deferred disposition of a methamphetamine possession charge under the amended version of the deferred disposition statute. ...

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Medical provider billed at prevailing community rate (access required)

Where the employer claimed a medical provider’s bills for treating a workers’ compensation claimant could not constitute prima facie evidence that the amount charged was reasonable, the commission correctly concluded that the amounts charged were presumed to be reasonable. The ...

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