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Monthly Archives: April 2007

Criminal – Firearm Possession – Domestic Violence Conviction (access required)

A defendant who pleaded guilty to a misdemeanor battery offense under West Virginia law against his then-wife was not convicted of a “misdemeanor crime of domestic violence” under 18 U.S.C. Sects. 922(g)(9) and 924(a)(2), and his conviction of possession of ...

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Insurance – Policy Coverage – Flood Insurance – Insured Tenant (access required)

An art gallery that leased a store in a Chapel Hill, N.C. shopping center had flood insurance under the building coverage portion of the policy issued pursuant to the National Flood Insurance Program, and the statutory cap on the dollar ...

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Search & Seizure – Podiatrist Office – Fraudulent Billing – Affidavit (access required)

A district court did not err in denying defendant podiatrist’s motion to suppress evidence found in a search of his office on the ground that the agent’s affidavit supporting the search warrant should have included a statutory provision under which ...

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Criminal – Cocaine – Certificate Of Analysis – Scientist's Knowledge (access required)

Although the appellate court earlier reversed defendant’s cocaine and marijuana convictions because the trial court admitted a certificate of analysis that was not mailed in compliance with Va. Code Sect. 19.2-187, on retrial, the scientist who conducted the forensic testing ...

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Criminal – Drug & Guns – Confidential Informant (access required)

A known confidential informant who provided a detailed description of two men at a particular location, one of whom reportedly was holding drugs for sale, a tip that police corroborated within seven minutes of the informant’s call, gave police probable ...

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Criminal – Murder – Flight – State Of Mind (access required)

A defendant who contends the trial court erred in refusing to admit testimony regarding his state of mind when he fled the commonwealth has his conviction of first-degree murder affirmed. Specifically, defendant argues that since a significant portion of the ...

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Search & Seizure – Auto Stop – Trespass – Apartment Complex (access required)

Although a police officer did not see defendant on the property of the apartment complex that was posted with No Trespassing signs, the officer saw defendant’s Jeep coming out of a street that led only into the apartment complex property, ...

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Traffic Offenses – DUI – Alcohol Swab (access required)

Although defendant claims that after he was stopped for erratic driving, his blood alcohol content was .12 because he had placed an alcohol swab between his dental bridge and his gums to treat a cut, his DUI conviction is affirmed. ...

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VBA, VADA announce 4th Circuit endorsements (access required)

Two Virginia Supreme Court justices, two federal judges and a law professor are among the recommendations of the Virginia Bar Association and Virginia Association of Defense Attorneys for two vacancies on the 4th U.S. Circuit Court of Appeals. Virginia Sen. ...

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