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Monthly Archives: May 2007

Criminal – Grand Larceny – Vehicle Ownership (access required)

A defendant can be convicted of grand larceny of a vehicle despite his contention that the commonwealth’s only evidence of ownership of the vehicle was an investigator’s testimony about who owned the vehicle. The prosecutor asked the arresting officer for ...

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Criminal – Revocation Of Suspended Sentence – Probation Violation (access required)

A trial court’s revocation of defendant’s suspended sentence for theft offenses is affirmed despite his contention that he could not have violated probation because he committed no act that violated the terms of probation after an earlier revocation hearing. Defendant ...

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Criminal – Speedy Trial – Continuance Request (access required)

A defendant’s convictions of burglary and related offenses are affirmed despite his claim that his trial violated Virginia’s speedy trial statute. Defendant was arrested on May 6, 2003, waived his right to a preliminary hearing in district court and was ...

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Criminal – Suspended Sentence Revocation – Indefinite Sentence (access required)

When the trial court revoked the suspension of defendant’s prison sentence for committing forcible sodomy, it abused its discretion by imposing an indefinite sentence. We agree with defendant that the trial court’s imposition of an “indefinite period” of supervised probation ...

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Criminal – Uttering Forged Document – Actual Knowledge (access required)

There was sufficient evidence to find defendant had actual knowledge that the check he cashed, which a woman had taken without permission from her grandparents, was forged. Defendant presented a forged check to the bank for payment. Had he been ...

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Domestic Relations – Termination Of Parental Rights – Substance Abuse (access required)

A father who was unable to provide appropriate housing for his son and who continued to abuse alcohol, according to the father’s family, loses his parental rights to his son. Ridley v. Chesapeake Dep’t of Human Servs. (Per Curiam) No. ...

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Search & Seizure – Detention – DUI – Posted Parking Lot (access required)

Although a restaurant parking lot was not posted against trespassing, the sign did specifically warn that parking was for restaurant patrons only and that towing would be enforced, and a police officer had a legal basis to detain defendant as ...

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Search & Seizure – Traffic Stop – Brake Lights (access required)

Police had probable cause to stop a vehicle with an inoperable brake light in violation of Va. Code Sects. 46.2-1010 and 46.2-1014.1, but they abandoned the initial purpose of the stop, the traffic infraction, and without reasonable articulable suspicion, continued ...

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Workers' Comp – Arising Out Of – Workplace Slip & Fall – Horseplay (access required)

An auto service technician who was leaning against a counter, discussing work-related matters, when a coworker touched claimant’s shoulder and unintentionally caused him to fall and injure his ankle, did not suffer an injury that arose out of his employment, ...

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