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Tag Archives: Judge Marla Graff Decker

Coal miner awarded permanent disability benefits (access required)

An employer wrongly claimed that a coal miner who suffered loss of lung function needed to prove his disability after medical tests “conducted according to” established standards. Background The claimant suffered loss of lung function due to his exposure to ...

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CAV: Marital share of company’s value matches ownership (access required)

The circuit court did not err in classifying only 30 percent of a litigation-support company’s increase in value during the course of an owner’s marriage as marital property. The court considered evidence as to whether the increase was due to ...

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CAV: Court had to value student loans as of couple’s split (access required)

For equitable-distribution purposes, the circuit court erred in failing to determine the amount of a husband’s student loans as of the date he and his wife separated. Under the circumstances, it was within its authority to re-open evidence on that ...

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CAV: Bench warrant for revocation hearing was proper (access required)

Under Code § 19.2-306, the circuit court had jurisdiction to hear the case against the appellant when it revoked her “indefinite” probation and ordered her to serve 90 days of her previously suspended sentence. Background Appellant Dorothy Cilwa was convicted ...

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CAV: Terry stop resistance supported probable cause (access required)

The trial court erred in granting the defendant’s motion to suppress evidence. His resistance to the efforts to handcuff him provided probable cause to arrest for obstruction of justice, thereby legitimizing the search of his person and the bundle he ...

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CAV: Sentence enhancement for federal conviction improper (access required)

The trial court erred in finding that the federal statute underlying the defendant’s prior conviction for felony possession of a firearm was substantially similar to the state law under which the defendant was most recently convicted. Because the federal law ...

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CAV: Court as factfinder could credit husband’s testimony (access required)

The circuit court’s equitable distribution and support determinations were not in error, and the wife didn’t proffer for the appellate record purported after-acquired evidence of additional property that could have merited reconsideration. Background The parties were married in 1999. Husband ...

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CAV: Pro athlete’s line-of-duty benefits were like pension (access required)

For equitable distribution purposes, a retired professional athlete’s line-of-duty disability benefits were correctly evaluated similar to pension benefits under Code § 20-107.3(G), rather than personal injury compensation under subsection (H). Background The parties were married in 1999 and had two ...

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CAV: Search proper pursuant to unchallenged warrant (access required)

The trial court should have denied defendant’s motion to suppress evidence found in a locked room in his house. Although officers entered the home without a warrant, they obtained one before entering the locked room. Background In March 2016, a Spotsylvania ...

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