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Channel: Judge Wesley G. Russell Jr. | Virginia Lawyers Weekly
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No basis for mistrial in drug prosecution 

Where appellant did not show that the commonwealth suppressed  information favorable to his defense that would otherwise have been unavailable, the circuit court correctly denied his motion for a...

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Claim for ongoing treatment barred 

Where a workers’ compensation claimant failed to appeal a determination which didn’t address payments for ongoing treatment of a compensable injury, his claims were barred by res judicata. The Virginia...

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No jurisdiction without final conviction 

Where the appellant seeks to challenge the circuit court’s ruling that it lacked jurisdiction over a general district court’s order granting the commonwealth’s motion to nolle prosequi charges lodged...

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Sufficient evidence of intent to distribute 

Where an expert testified that appellant’s possession of almost 10 pounds of marijuana was “inconsistent with personal use” because it would take more than three years for a heavy user to smoke all of...

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Sufficient evidence for murder conviction 

There was sufficient evidence to sustain appellant’s second-degree murder conviction. Further, the trial court correctly refused to strike the testimony of a key trial witness despite appellant’s...

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Evidence supports aggravated sexual battery conviction 

The evidence supports findings that appellant touched his daughter’s “intimate part” and did so with the intent “to sexually molest, arouse, or gratify any person.” Overview “[T]o sustain [appellant]...

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Stock properly classified for lump sum support award 

The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution....

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Court had jurisdiction over utility contract dispute 

Where a chemical company sued a privately operated water company for breach of contract, the tariff under which the parties conducted their business is best understood as a contract, which is...

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UIM coverage is part of UM coverage 

Where a driver was involved in an accident with both an uninsured motorist and an underinsured motorist, her insurer is not liable to provide separate UM and UIM coverage. This is so because the...

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Board meeting did not fall within VFOIA exceptions

Where plaintiffs allege that five members of a county board of supervisors violated the Virginia Freedom of Information Act’s open meeting requirements when they attended a police Citizens Advisory...

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