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Tag Archives: Judge Marla Graff Decker

Attendance at two prior driving revoked trials backs third conviction (access required)

In rejecting a woman’s challenge to being found guilty of driving after forfeiture of her license, the court said the evidence showed she had twice been convicted for driving on a revoked license, and had notice of these prior convictions ...

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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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