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Monthly Archives: August 2007

Criminal – Discovery – Duty To Disclose – Accomplice Deal (access required)

A circuit court lifts the stay of execution of a sentence for a defendant convicted of robbery and a firearm, as defendant has failed to prove he is entitled to a new trial on the ground that the commonwealth failed ...

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Domestic Relations – Jurisdiction – Virginia Residency – Tax Payments (access required)

A circuit court denies husband’s motion contesting jurisdiction in this divorce action, finding that wife has sufficiently met the residence requirement under Va. Code Sect. 20-97 despite a sojourn out of state. Hiles v. Hiles, 164 Va. 131 (1935), establishes ...

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Employment – Bowman Claim – Probation Officer Report (access required)

A plaintiff who alleges defendants terminated her employment when she declined to deceive a probation officer as to her supervisor’s business address, has not stated a valid claim for retaliatory discharge under Virginia law. Plaintiff alleges that because of his ...

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Real Estate – Eminent Domain – Car Dealership's Title (access required)

A Northern Virginia car dealership may not be entitled to all of the $2.6 million already paid by the Commonwealth Transportation Commissioner in this eminent domain case, as the dealership’s claim to portions of the parcel at issue is based ...

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Tort – Business Tort – Fiduciary Duty Breach – Aiding & Abetting (access required)

In this suit by a medical supply company against its former vice president of operations, who allegedly was privy to confidential information and trade secrets, plaintiffs cannot state a claim for aiding and abetting in the breach of a fiduciary ...

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Administrative – Child Neglect – Founded Disposition (access required)

The Court of Appeal rejects a day care worker’s challenge to a Child Protective Services founded disposition of level one physical neglect and inadequate supervision of a four-year-old child that appellant left unattended in a van for a period of ...

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Criminal – Assault On Officer – Sufficiency (access required)

A defendant who was drunk in public and who urinated on a police officer can be convicted of assault and battery on a law enforcement officer in violation of Va. Code Sect. 18.2-57(c). Defendant, although handcuffed and in the back ...

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