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Monthly Archives: June 2007

Criminal – Civil Rights – Sodomy – Statute (access required)

A man who was 45 to 47 years old at the time of the charged offenses properly was convicted of sodomy involving two different girls, one age 16 and one age 17, despite his constitutional challenge to the sodomy statute. ...

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Criminal – Death Penalty – Murder Of Family – Age- Based Statute (access required)

The Supreme Court of Virginia upholds the capital murder conviction and death sentence of a defendant who killed a couple and their two young daughters, over an equal protection challenge by defendant to application of Va. Code Sect. 18.2-31(12). The ...

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Criminal – Guilty Plea Withdrawal – Presentence Request (access required)

A defendant should have been permitted to withdraw her guilty pleas prior to sentencing because she had evidence to support her defense to charges of breaking and entering – in that she resided in the home with her ex-husband at ...

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Criminal – Sexually Violent Predators – Civil Commitment (access required)

On rehearing, the Supreme Court declines to set aside its decision of Sept. 15, 2006 [VLW 006-6-083], in which it held that the Virginia statute authorizing continued involuntary civil commitment of certain sexually violent predators requires that an inmate evaluated ...

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Criminal – Habeas Corpus – Death Penalty – Murder For Hire (access required)

The Supreme Court of Virginia dismisses the habeas petition filed by a woman sentenced to death for her role in a plot to murder her husband and stepson in order to collect life insurance proceeds, in which petitioner argues, among ...

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Insurance – Fire Loss – Fraud – Property Condition – Pleading (access required)

After homeowners sued their insurance carrier for denying coverage of a fire loss because their insurance agent allegedly fraudulently misrepresented that the homeowners’ flue to their wood-burning stove was constructed of masonry lined with tile, the insurance company could not ...

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Municipal – Referendum Petition – Revitalization Project (access required)

A Norfolk citizens’ committee that wished to challenge four local ordinances that authorized a planned residential community for the Ocean View area of the city complied with the necessary requirements for a referendum on the ordinances, even though they did ...

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Municipal – Storm Water Easement – County Maintenance (access required)

In this litigation arising from the personal injury suit of a nine-year old boy who was severely brain-damaged when he fell into a storm water easement owned by the Burke Center Conservancy and maintained by Fairfax County, the insurance carrier ...

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