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...
View ArticleClaim 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...
View ArticleNo 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...
View ArticleSufficient 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...
View ArticleSufficient 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...
View ArticleEvidence 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]...
View ArticleStock 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....
View ArticleCourt 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...
View ArticleUIM 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...
View ArticleBoard 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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