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Tag Archives: Justice William C. Mims

Decedent’s son could testify about dad’s car crash statements (access required)

Where the decedent rear-ended the plaintiff’s car, his description of the accident to his son  was correctly admitted under the dead man’s statute. The fact that the decedent’s passenger testified about the crash at trial has no bearing on the ...

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Dead men speak: Statute permits unlimited hearsay (access required)

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A sharp dispute over personal injury damages in a rear-ender has spotlighted Virginia’s limitless hearsay exception allowing evidence of any relevant statement by a deceased party, regardless of circumstances. The fender-bender plaintiff came away from trial with a zero-dollar verdict, ...

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SCV: Bifurcated, same-day conviction was felony predicate (access required)

A bifurcated misdemeanor conviction for domestic violence properly served as a predicate for a felony offense tried later the same day, even though no written order or sentence had yet been rendered for the first adjudication. Background Appellant Antonio Lewis ...

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SCV: “Add-back” exception only for income actually taxed (access required)

Rather than construing an ambiguous tax statute against the Commonwealth, the “add-back” statute intended to close a loophole – wherein a corporate entity pays royalties to an affiliated intangible holding company – required a national retail store to count such ...

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