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Monthly Archives: July 2007

Criminal – Cocaine Distribution – Probation Violation (access required)

Although defendant contends the trial court imposed an unlawful sentence because the sentence required him to remain incarcerated until such time as he enters one of two post-incarceration programs, which he says may not accept him, he failed to object ...

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Criminal – Trespass – Ban Order (access required)

Assuming without deciding that the trial court erred in admitting a document purportedly designating the Alexandria Police Department as “a person lawfully in charge of” Housing Authority property and authorizing its officers to bar persons from entering upon Housing Authority ...

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Domestic Relations – Spousal Support – Imputed Income (access required)

Although wife testified husband had agreed during the marriage that she would stay home to care for the parties’ two children, the trial court did not err in imputing to wife, six years after the divorce, $36,000 in income available ...

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Domestic Relations – Spousal Support – Written Findings (access required)

The Court of Appeals reverses an order relieving husband of any future obligation to pay spousal support because the trial court erred in failing to make the written findings required to support its denial of spousal support. Here, the trial ...

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Domestic Relations – Spousal Support Reduction – Jurisdiction (access required)

A divorce court had jurisdiction in 1976 to award spousal support to wife and the provisions of Va. Code Sect. 20-109, as it existed in 1976 when the final divorce decree was entered, did not support husband’s request for a ...

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Rehearing en banc (access required)

On July 3, 2007, the Virginia Court of Appeals granted rehearing en banc in Dowden v. Hercules Inc. (VLW 007-7-180), Record No. 1226-06-2. In the original panel opinion of May 8, the court held that a 30-year employee who injured ...

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Zoning – Contempt Citation – Junkyard – Code Enforcement (access required)

In this case involving a county zoning administrator’s citation of appellant junkyard owner for numerous zoning violations, the trial court did not err in holding appellant in contempt of court. The contempt order allowed the county to enter the junkyard ...

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Civil Procedure – FTCA – Venue – Theft From Luggage (access required)

An airline passenger who is suing pro se under the Federal Tort Claims Act for the alleged theft of a pearl necklace from her luggage inspected by Transportation Safety Administration employees has her suit transferred from the Western District of ...

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Employment – FMLA – ADA – Heart Disease (access required)

A plant maintenance manager for Pilgrim’s Pride Corporation, who suffered from a serious heart condition and was terminated after he returned from Family Medical Leave Act leave, can try his claims under the Americans with Disabilities Act, 42 U.S.C. Sect. ...

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