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Home / 2007 / August (page 3)

Monthly Archives: August 2007

Criminal – Rape – Jury Instruction – Intent (access required)

At defendant’s trial for raping a woman in her home, the trial court did not err in instructing the jury that, in the absence of evidence showing a contrary intent, it could infer that a defendant’s unauthorized presence in a ...

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Domestic Relations – International Child Abduction Act – Fugitive Disentitlement Doctrine (access required)

The Virginia Court of Appeals applies the “fugitive disentitlement” doctrine to refuse to hear the appeal of a father with Mexican citizenship married to a mother with dual Israeli-U.S. citizenship, of a Hague Convention decision that the father failed to ...

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Domestic Relations – Protective Order Denial – Abuse Claim (access required)

A wife who appeals pro se the trial court’s denial of a protective order based on her claim of abuse by husband failed at trial to call the witnesses, including the police officer who responded to her call, that she ...

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Search & Seizure – Traffic Stop – Anonymous Tip – Drinking & Driving (access required)

Although a police officer offered a broken passenger-side mirror as a basis for stopping defendant’s vehicle after receiving an anonymous tip that defendant had been drinking alcohol while driving, the officer had no reasonable, articulable basis for the stop and ...

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Search & Seizure – Traffic Stop – Handgun Under Seat (access required)

A trial court did not err in concluding a police officer exceeded the scope of a driver’s consent for the officer to retrieve a vehicle license tag when the officer moved to the front passenger seat to retrieve a bottle ...

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Civil Rights – First Amendment – School Ban On Reporter (access required)

A reporter barred from entering school property because he wrote articles critical of the school administration has stated a First Amendment claim against individual school board members, who are not entitled to legislative immunity from suit. Plaintiff is publisher and ...

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Administrative – FDA Certification – Mammography – Sanctions (access required)

A physician and his practice are subject to monetary sanctions imposed by the Food and Drug Administration for allowing a statutorily required certification to lapse and for continuing to perform mammograms after the certification expired. Petitioner’s 1999 certification under the ...

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