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Monthly Archives: April 2007

You can’t bargain away child support

Any number of divorcing couples has learned – usually the hard way – that you can’t use child support as a bargaining chip in trying to strike a deal on a property settlement agreement. A couple in Roanoke is the ...

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U.Va. law students score a coup, get writ

Many lawyers in Virginia may never take an appeal to the Supreme Court of Virginia, let alone the U.S. Supreme Court. But law students at the University of Virginia, working in the school’s Supreme Court Litigation Clinic, will be able ...

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Bankruptcy – Plan Confirmation – IRS Claim – Partial Surrender – Ch. 13 (access required)

Debtors have not “surrendered” to the IRS household property that they have retained and will continue to use, and the district court did not err in reversing a bankruptcy court’s confirmation of debtors’ Chapter 13 reorganization, which attempted to both ...

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Search & Seizure – Inventory Search – Duffle Bags – Prescription- Drug Fraud (access required)

Although a detective did not strictly comply with departmental policy in conducting an inventory search of two duffle bags belonging to a defendant accused of prescription-drug fraud, the detective sufficiently replicated standard procedure to the extent possible on these facts, ...

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Criminal – Escape – Conspiracy – Prison Break (access required)

A defendant is convicted of conspiracy to escape from prison based on his conduct of running with another inmate from where they had been performing yard maintenance, to jump into a running truck that had been making a delivery, and ...

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Search & Seizure – Warrant Affidavit – Good Faith Exception (access required)

A defendant’s conviction of cocaine possession with intent to distribute is upheld under the good faith exception in U.S. v. Leon, 468 U.S. 897 (1984); although the affidavit for the search warrant did not provide probable cause, the facts alleged ...

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