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Monthly Archives: June 2007

Criminal – Larceny By False Pretenses – Child Support Arrearage (access required)

Although a woman claimed her estranged husband owed her nearly $3,000 in back child support, she also had sworn out a false criminal complaint against him for domestic abuse the day before she took money from his separate checking account, ...

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Criminal – Juvenile Commitment – Current Offense (access required)

A trial court had authority to commit defendant to the Department of Juvenile Justice, despite his contention that his current offense before the trial court was not a felony or a class 1 misdemeanor. In construing the language used in ...

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Criminal – Indecent Liberties – Counseling Records (access required)

A defendant’s convictions of taking indecent liberties with a person with whom he had a custodial relationship are affirmed, despite his claim that the trial court erred when it quashed his subpoena duces tecum seeking the victim’s counseling records. We ...

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Criminal – Grand Larceny – Venue – Clerk Testimony (access required)

At defendant’s trial for the theft of inkjet printer cartridges, the trial court did not err in allowing a store clerk to testify about the theft from a Richmond-area Target store without production of the distinctive store box. There is ...

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Criminal – First- Degree Murder – Killing A Fetus – Miranda Rights (access required)

A defendant’s statement to police about fatally shooting a pregnant woman causing her death and the death of the 34-week-old fetus she carried was voluntarily made and properly admitted at his trial for first-degree murder and killing of a fetus. ...

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Criminal – Cocaine Distribution – Videotape Admission (access required)

At defendant’s trial for distribution of cocaine, the trial court did not err in allowing the jury to view a videotape of a later transaction that had been the subject of a stricken distribution charge, or in finding there was ...

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Immigration – Jurisdiction – Permanent Resident Application (access required)

A Charlottesville federal district judge dismisses for lack of subject matter jurisdiction this suit by a married couple, natives of China, to hasten adjudication of their 2004 applications to adjust their status to permanent resident. The adjudication of an I-485 ...

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Civil Rights – Police Confrontation – Fatal Shooting – Qualified Immunity (access required)

In this action for damages resulting from a police shooting in which Deputy Andrew McNally killed Kirby Willis and accidentally wounded Kirby’s cousin Bruce and Deputy John Yost, the district court finds that defendant police officers are entitled to summary ...

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Contract – Arbitration – Credit Card Debt (access required)

In this litigation in which a bank/financial services company sued a Discover card holder in state court for an unpaid credit card balance, and when she counterclaimed with class actions based on state law, the bank sued in federal court ...

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