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Tag Archives: Virginia Court of Appeals

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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Jury correctly instructed on uncorroborated testimony (access required)

Where the trial court instructed the jury that it could convict appellant for rape and forcible sodomy solely on the victim’s uncorroborated testimony “if believed,” this was a correct statement of the law. The convictions are affirmed. Background Appellant met ...

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Jury correctly instructed on aggravated malicious wounding (access required)

In this aggravated malicious wounding case, the jury was correctly instructed that a defendant’s heat of passion defense must arise from the victim’s provocation rather than being provoked by someone else. Further, there was sufficient evidence of malice to support ...

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Assisted living facility’s water system is ‘waterworks’ (access required)

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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Court had jurisdiction to revoke suspended sentence (access required)

The circuit court retained jurisdiction to revoke appellant’s suspended sentence when it conditioned the suspension on appellant’s compliance with his probation terms, even though the court did not expressly make the suspension period concurrent with the probation period. Background In ...

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