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Monthly Archives: August 2007

Criminal – Enhanced Drug Penalties – Procedural Default – 'Before Trial' (access required)

A defendant subjected to enhanced penalties for repeat drug offenders cannot for the first time on appeal challenge application of the penalties on the ground the government’s “information” requesting enhanced penalties – filed a week after the jury was selected ...

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Criminal – Assault On Officer – Campus Cop – Private University (access required)

Because a campus police officer at Hampton University, a private university in Virginia does not fit within Va. Code Sect. 18.2-57(E)’s definition of a law-enforcement officer, a defendant’s conviction for assault and battery on a campus officer is reversed and ...

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Criminal – Juvenile Commitment Order – Court Authority (access required)

A circuit court did not err in holding that it did not have authority under Va. Code Sect. 16.1-289 to modify an order that committed a juvenile to the Department of Juvenile Justice, and to simultaneously schedule a hearing for ...

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Criminal – Photo Display IDs – Identity Of Shooter – Murder Of Husband (access required)

The Court of Appeals affirms the first-degree murder conviction of Piper Rountree for shooting her former husband, University of Richmond professor Frederic Jablin, despite Rountree’s claim that the trial court erred in admitting several out-of-court and in-court identifications based on ...

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Criminal – Stalking – Victim's Fear (access required)

There was sufficient evidence to convict defendant of stalking in violation of Va. Code Sect. 18.2-60.3, based on evidence that defendant, a complete stranger to the woman he was stalking, continued finding and approaching the woman through several address changes ...

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Search & Seizure – Investigatory Stop – Public Intoxication (access required)

A police officer on patrol who, upon observing a woman running and screaming down a road, stopped the man she was running after and arrested him for public intoxication after finding the man unsteady on his feet, flush-faced and smelling ...

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