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Monthly Archives: March 2007

Domestic Relations – Failure To Appeal – Excusable Neglect (access required)

Where nothing in the record shows that the trial court ruled at any time on the question of whether husband’s failure to appear at a trial court hearing was excusable neglect, the trial court decision is summarily affirmed. Because the ...

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Environmental – Variance Request – Ground Water Monitoring (access required)

A trial court did not err in upholding a decision by the Director of the Department of Environmental Quality denying a request for variances from ground water monitoring requirements at a landfill in Chesapeake and requiring ground water monitoring at ...

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Search & Seizure – Auto Search – Probation Violation (access required)

Police did not violate defendant’s Fourth Amendment rights when they searched his vehicle incident to his arrest for a probation violation, and the cocaine discovered in the vehicle can come into evidence. The U.S. held in Thornton v. U.S., 541 ...

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Search & Seizure – Consent – Closed Container (access required)

Where defendant’s grandfather, who owned the home where defendant lived, consented to a search of the house, this consent to search extended to a search of the backpack in the defendant’s bedroom, and defendant’s robbery and conspiracy convictions are affirmed ...

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Search & Seizure – Folded Currency – 'Runaway' Report (access required)

Police had probable cause to detain a juvenile who fit the description of a runaway youth, who tried to evade police on a bicycle and was observed to discard an object as he fled, and to investigate the folded-up dollar ...

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Search & Seizure – Protective Sweep – Armed Defendant (access required)

Where the defendant barricaded himself into an apartment belonging to his girlfriend and told police he was “heavily armed,” police had probable cause or reasonable suspicion to enter the apartment without a warrant to make a protective sweep, the court ...

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Traffic Offenses – HO – Driving On Revoked License – Affidavit Of Diligence (access required)

The appellate court affirms defendant’s conviction for driving with a revoked license while an habitual offender, despite his claim that the underlying order adjudicating him an habitual offender was void. Defendant contends the adjudication order is void because the commonwealth ...

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Workers' Comp – Change In Condition – Marketing Residual Capacity (access required)

A nurse who could no longer perform floor duty due to a work-related back injury, and who made 28 contacts with prospective employers after she was laid off from a lighter-duty job that she procured herself, has demonstrated that she ...

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Workers' Comp – Pain Clinic Evaluation – Hernia Injury – Mootness (access required)

The appellate court rejects the employer’s contention that the deputy commissioner’s decision ordering employer to pay for a pain evaluation clinic for claimant, who suffered a compensable hernia injury, was moot because claimant already had a pain evaluation. At the ...

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Legal Food Frenzy Runs April 2 to 13 (access required)

The deadline for participating in the Legal Food Frenzy and a chance at winning The Attorney General’s Cup is March 31. The law firm that donates the largest amount of food in relation to staff size between April 2 and ...

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