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Monthly Archives: April 2007

Search & Seizure – Warrant Affidavit – Drug User Status (access required)

A defendant’s conviction of marijuana possession with intent to distribute is reversed because the trial judge should have suppressed the evidence found in defendant’s home pursuant to a warrant based largely on defendant’s alleged status as a drug user; evidence ...

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Traffic Offenses – DUI – Mandatory Presumption – Due Process Claim (access required)

A defendant’s DUI conviction is affirmed despite his claim that his due process rights are violated by the presumption contained in Va. Code Sect. 18.20-266, as interpreted by this court in Davis v. Commonwealth, 8 Va. App. 291 (1989), and ...

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Administrative – Environmental – Water Permit – Standing (access required)

The Virginia Court of Appeals correctly determined that The Chesapeake Bay Foundation Inc, an environmental conservation organization, has standing to appeal the renewal of a wastewater discharge permit affecting the James River issued by the Virginia State Water Control Board; ...

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Attorneys – Courtroom Bar – Jurisdiction (access required)

A circuit court had jurisdiction to bar from practice in that court a lawyer pursuing an action alleging breach of a consulting agreement by defendant The Christian Coalition of America Inc., in which the court had sanctioned the lawyer for ...

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Attorneys – Sanctions – Motion To Recuse (access required)

In this litigation filed by People for the Ethical Treatment of Animals Inc. alleging violations of Virginia civil conspiracy and statutory trade secrets laws by a number of individuals, the trial court did not abuse its discretion in imposing sanctions ...

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Attorneys – Sanctions – Witness Subpoena (access required)

In this litigation filed by People for the Ethical Treatment of Animals Inc. alleging violations of Virginia civil conspiracy and statutory trade secrets laws by a number of individuals, the trial court erred in imposing sanctions under Va. Code Sect. ...

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Contract – Construction – Surety Bonds (access required)

A circuit court did not err in granting summary judgment for defendant General Insurance Company of America, the surety on two payments bonds issued on VDOT construction projects, in this suit filed by subcontractor APAC-Atlantic Inc., based on a finding ...

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Criminal – Capital Murder – Murder- For-Hire – 'Russian Mafia' (access required)

The Supreme Court affirms the capital murder conviction and death sentence for a man who hired another to murder his ex-girlfriend by slitting her throat, which the hired killer did while the 23-month-old son of the victim and the defendant ...

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Criminal – Indecent Liberties – Custodial Relationship (access required)

A licensed professional counselor may diagnose a victim of defendant child molester as suffering from post-traumatic stress disorder. According to defendant, only a psychiatrist or psychologist may qualify to give expert testimony regarding diagnosis based on the mental disorders identified ...

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Criminal – Obstruction Of Justice – Drug Distribution (access required)

The Supreme Court reverses a defendant’s convictions of distributing ecstasy attributed to his passenger and of obstruction of justice, based on defendant’s conduct before the magistrate and during booking, and his taking of a roll of cash removed from defendant’s ...

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