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Monthly Archives: April 2007

Lemons gets most backing for 4th Circuit (access required)

Virginia Supreme Court Justice Donald W. Lemons was the only candidate to win the top endorsement from each of the state’s five largest statewide bar groups for a vacancy on the 4th U.S. Circuit Court of Appeals. Virginia Sen. Jim ...

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Appeals Court allows search in one case, nixes another (access required)

The Virginia Court of Appeals focused on narrow factual distinctions last week in applying the good faith exception to the exclusionary rule to searches of two homes in Lynchburg that stemmed from traffic stops. Judge James W. Benton Jr., writing ...

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Sexual harassment matter of ‘public concern’

Here’s one for the public-sector employment lawyers. Those lawyers know that public employees have First Amendment rights and can sue employers who abridge those rights. But the First Amendment only protects employee speech on matters of “public concern.” A lot ...

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Wiccans win round on military tombstones

The Washington Post reports that the Bush administration has given up its efforts to block Wiccans from putting their religious symbol, a pentacle (a five-pointed star in a circle), on the tombstones of soldiers who are buried in a military ...

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Stolle, Norment cleared of conflict charges

Roanoke lawyer David Nixon claimed that two senators – Ken Stolle and Tommy Norment – broke the conflict of interest of rules when they worked to rewrite Virginia’s eminent domain laws during the past General Assembly session. Their firm, Kaufman ...

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Civil Procedure – Voice- Mail Recording – Motion In Limine (access required)

Virginia’s rules on the use of mechanical recordings of telephone conversations, including Va. Code Sect. 8.01-420.2, do not bar defendant from using evidence of a conversation inadvertently left on an attorney’s voice-mail, and plaintiff’s motion in limine to exclude the ...

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Contract – Home Remodeling – Default Judgments (access required)

In this litigation over a home remodeling project in which the homeowner sued the remodeling firm and additional defendants for fraud, civil conspiracy and violation of the Virginia Consumer Protection Act, the circuit court denies defendants’ motions to vacate the ...

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Criminal – Record Expungement – Littering & Trespass (access required)

Where the commonwealth did not earlier object to petitioner’s motion to expunge a record charging petitioner with trespassing and grand larceny, the court denies the commonwealth’s present motion to vacate the court’s order of expungement. In its motion to vacate, ...

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Domestic Relations – Custody Dispute – Mental Health Records – Subpoena (access required)

A mother’s subpoena to three separate health care providers for the father’s medical records is quashed by the circuit court on the father’s motion because the records are privileged and confidential. Counsel for mother issued subpoenas duces tecum to four ...

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