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Tag Archives: Judge Mary Bennett Malveaux

Assisted living facility’s water system is ‘waterworks’

The Virginia Department of Health correctly determined that an assisted living facility’s water system meets the statutory definition of “waterworks,” and as such, the health department can regulate the system. Overview The statutory scheme implementing the federal Safe Water Drinking ...

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No standing to appeal VDOT land use permit

Appellant’s membership in a neighborhood association that opposed pipeline construction in their neighborhood did not give her standing to appeal the grant of a land use permit that authorized the construction. Background After the Virginia Department of Transportation approved Washington ...

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Claimant did not sustain compensable injuries

The Virginia Workers’ Compensation Commission correctly determined that claimant’s complained-of injuries to his left ear, nose, face and neck were not compensable injuries. The commission also properly ruled that his post-accident seizures were unrelated to his workplace accident. Claimant filed ...

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Judgment creditor could not compel interrogatory answers

The trial court correctly dismissed a judgment creditor’s summons to compel appellee to answer debtor’s interrogatories.  Appellee was not among the class of individuals identified in Code § 8.01-506(A) who can be compelled to answer debtor’s interrogatories. The statute does ...

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Previously available evidence dooms actual innocence writ

The court denies a petition for a writ of actual innocence because it was based on evidence available to petitioner before his conviction became final in the circuit court. Background On July 27, 2010, petitioner Johnson pleaded guilty to bank ...

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Appellant not in custody while getting medical treatment

Where appellant made incriminating statements while being treated at a hospital for a gunshot wound, the statements were admissible because appellant was not in custody at the time. Overview Investigator Giles was investigating a shooting in a restaurant parking lot ...

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Written threats sufficient for obstruction convictions

Where a search of appellant’s jail cell revealed his notes, which included threats to a woman he was charged with sexually assaulting and two investigators, this was sufficient evidence to sustain three convictions of obstructing justice. Overview Appellant was arrested ...

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