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Tag Archives: Virginia Court of Appeals

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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Commonwealth’s witness did not ‘adulterate’ testimony (access required)

Where a second commonwealth witness was present in the courtroom when another commonwealth witness testified during defendant’s trial for making false Medicaid payment applications, the trial court properly ruled that allowing the second witness to testify would not prejudice defendant. ...

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Husband not required to get new life insurance policy (access required)

Where there were no life insurance policies naming wife as beneficiary when the court issued the final divorce decree, the court incorrectly ordered husband to obtain a new $100,000 policy for wife’s benefit. No statutory authority “A ‘court may order ...

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Fraud pleading insufficient to set aside divorce decree (access required)

The circuit court correctly concluded that it lacked power to grant equitable relief despite appellant’s pleading that the separation agreement was unconscionable and procured by fraud. Background Stephanie Shobe filed for divorce after a 10-year marriage to Steve Gilman, the ...

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Commonwealth’s jury trial request was not vindictive (access required)

Where appellant claims the prosecutor violated his speedy trial rights by vindictively dismissing the charges and reindicting him, the record establishes that the prosecutor dismissed and reindicted due to conflicts in the trial court’s schedule. Overview On Oct. 1, 2018, ...

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Employer did not prove safety rule violation (access required)

Where claimant crushed her hand between the walk-behind fork truck she was operating and a metal crate, the Virginia Workers’ Compensation Commission correctly affirmed the deputy commissioner’s decision to approve claimant’s application for benefits. The employer did not prove that ...

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Calculation of husband’s support obligation upheld (access required)

The trial court correctly determined that money wife gave to her mother was “part of the lifestyle” established during the marriage and properly considered it when determining the amount of husband’s spousal support obligation. Discussion In a companion case, this ...

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