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Tag Archives: Judge Mary Bennett Malveaux

Treating doctor’s ‘return to work’ opinion rejected (access required)

Where claimant’s employer required her to see a treating physician, who declared she was fit for work after suffering an employment-related injury, the Virginia Workers’ Compensation Commission correctly gave greater weight to a treating physician of her own choosing, who ...

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Sufficient evidence supports first-degree murder conviction (access required)

The commonwealth presented sufficient evidence from which the jury could conclude that appellant shot the victim and did so with premeditation. Appellant’s first-degree murder conviction is affirmed. Overview Timothy Croskey, the murder victim, lived with his mother, Tracey Croskey. The ...

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Paraphernalia conviction requires proof of intent (access required)

Appellant’s conviction of possessing controlled paraphernalia is reversed. The trial court ruled that appellant’s the mere possession of an unused hypodermic syringe and needle was sufficient to convict Code § 54.1-3466. However, the statute is best understood as requiring both ...

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Fall on vinyl covered stairs was not injury by accident (access required)

Where claimant slipped and was injured on vinyl-covered stairs at work, the covering was not a “hazard or danger peculiar to the workplace,” and thus claimant did not suffer an injury by accident. The Virginia Workers’ Compensation Commission correctly affirmed ...

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Evidence from cell phone search properly admitted (access required)

The trial court properly denied a motion to suppress evidence obtained from a warrantless search of appellant’s cell phone. The court correctly determined he abandoned the device at a restaurant. His plea-based convictions of attempted malicious wounding and several firearm ...

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Parental rights not terminated by curtailed visitation (access required)

The circuit court did not “terminate” father’s parental rights when it denied his motion to change custody, imposed conditions father needed to meet before visitation could resume and issued a protective order in favor of mother and the parties’ child. ...

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