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Tag Archives: Virginia Court of Appeals

Trial court properly overruled hearsay objection (access required)

The trial court correctly ruled that a witness’s statements at trial, which appellant challenged as hearsay, were admissible. The statements were not hearsay because they were not “offered for their truth.” Overview Appellant Davis was indicted for murder, conspiracy to ...

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Prosecution concedes failure to prove suspended license case (access required)

Appellant’s conviction for driving on a suspended license, fifth offense, is reversed. The prosecution has conceded that appellant lacked sufficient notice that her license was suspended when she committed the offense. Prior proceedings In July 2016, a police officer made ...

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Opinions properly weighed in coal dust disability case (access required)

The Virginia Workers’ Compensation Commission correctly weighed competing medical experts’ opinions to conclude that claimant, who worked for a coal company, had pneumoconiosis, which entitled him to permanent disability benefits. Overview Employer challenges the commission’s determination that claimant suffered a ...

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Wife did not desert husband by getting protective order (access required)

Where wife obtained a protective order after husband assaulted her, this did not amount to her deserting him for purposes of determining a spousal support award. Protective order “Husband contends that the circuit court erred in granting wife’s motion to ...

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No continuance after fourth lawyer withdrew (access required)

Where husband’s fourth lawyer withdrew from representation on the morning of trial, the circuit court correctly denied husband’s motion for a continuance. Further, the court’s rulings regarding the equitable distribution and child support credits are affirmed. Continuance “Husband argues that ...

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Contempt order issued for violating separation agreement (access required)

Where the parties’ separation agreement required husband to remove wife’s name from certain real estate and list the property for sale, the trial court properly found him in contempt when he failed to do so. Overview “Wife alleged that husband ...

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