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Monthly Archives: August 2007

Traffic Offenses – HO Conviction – HO Statute – Partial Repeal (access required)

A partial repeal of the habitual offender statute in 1999 did not render continuing enforcement of the unrepealed portion unconstitutional, and defendant’s conviction of driving after being declared an habitual offender is affirmed. Defendant argued the 1999 partial repeal of ...

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Traffic Offenses – Search & Seizure – Campus Cop Arrest – Jurisdiction (access required)

A U.Va. police officer had authority to arrest a driver for DUI after observing him driving erratically within Charlottesville city limits and then stopping him in Albemarle County, and defendant’s DUI conviction is affirmed. By order of the Charlottesville Circuit ...

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Search & Seizure – Investigatory Stop – Armed Bank Robbery (access required)

Although police drew their guns and put defendant in handcuffs when they found in apparent flight from another officer, these reasonable restraints did not exceed their authority to conduct a Terry stop in this case. Upon finding defendant in apparent ...

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Criminal – Civil Commitment – Sexually Violent Predator – Hearsay (access required)

Where the commonwealth’s evidence of violence in respondent’s prior sexual offenses comes from police reports, with allegations that respondent denied in testimony, the circuit court concludes the commonwealth has not met its burden of proving respondent should be subjected to ...

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Criminal – Probation Revocation Hearing – Sex Offender Registration (access required)

A circuit court could consider at defendant’s probation revocation hearing a state police affidavit indicating defendant failed to register as a sex offender; admission of the affidavit did not violate defendant’s Sixth Amendment rights under Crawford v. Washington. The court ...

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Employment Discrimination – Title VII – Back Pay – Punitive Damages – Default Judgment (access required)

A Title VII plaintiff who obtained a default judgment against her former employer is entitled to punitive damages and back pay, based on plaintiff’s allegations that the employer acted with malice in its disparate treatment and termination of plaintiff, even ...

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Henrico judge finds fees unconstitutional (access required)

A Henrico County General District judge has ruled that the civil remedial fees for traffic misdemeanors and felonies violate the equal protection clauses of the Virginia and United States Constitutions. The fees, designed to produce about $65 million annually for ...

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Apartment house fall settled by mediation (access required)

Plaintiff’s decedent, age 49, came home to her third-floor condominium on New Year’s Eve 2004. The exterior steps of her building were made of salt-treated pine and were open to weather. She walked up to a second floor landing and ...

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Defense verdict returned in pituitary gland tumor case (access required)

The defendant is a pulmonologist group that was sued for the actions of its employee physician. A co-defendant primary care physician settled out of this case prior to trial. The plaintiff was referred by his primary care physician to the ...

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