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Home / 2007 / September (page 13)

Monthly Archives: September 2007

Criminal – Rape – Discovery – Tape Recording (access required)

A defendant’s conviction for the rape of his 12-year-old stepdaughter will not be overturned because defendant denied was denied discovery of a tape recording he made of the girl’s telephone conversation with her boyfriend. Defendant maintained the taped conversation showed ...

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Criminal – Suspended Sentence Revocation – Rule 5A:18 (access required)

A trial court’s revocation of defendant’s six-year sentence for aggravated malicious wounding is affirmed, based on defendant’s failure to complete a court-ordered halfway house program and his later drug convictions. Although defendant had been charged with distribution of cocaine and ...

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Criminal – Voluntariness Of Statement – Miranda Rights – Interrogation (access required)

A defendant in custody for bank robbery should have been given Miranda warnings before a police investigator began questioning him about the name of his alleged accomplice and defendant’s role in the robbery, and both defendant’s pre-warning and post-warning inculpatory ...

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Domestic Relations – Custody – Grandparent Petition (access required)

A trial court did not err in denying a maternal grandfather’s petition for custody of two young girls, after the parental rights of their biological parents had been denied, the grandfather’s house had been found unfit and his long-distance truck-driving ...

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Domestic Relations – Equitable Distribution – Valuation – Child Support – Attorney's Fees (access required)

An equitable distribution award is reversed because the trial court failed to value husband’s contingent, unlitigated claim for wrongful termination against his former employer, Pinnacle Financial Corporation, which the trial court awarded to husband even without assigning a value. Because ...

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Domestic Relations – Interlocutory Appeal – Attorney's Fee Request (access required)

Where the trial court, after entering a divorce decree, retained jurisdiction to address the issue of attorney’s fee requests regarding personal property issues the parties agreed to arbitrate, the husband’s appeal of the divorce decree is not an appeal of ...

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Domestic Relations – Spousal Support – Husband's Disability (access required)

A trial court did not err in denying husband’s request for permanent spousal support based on his physical disability, his credit card debt from moving expenses, and the parties’ daughter’s higher education expenses. The trial court’s opinion letter recited the ...

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Domestic Relations – Termination Of Parental Rights – Appeals – Rule 5A:18 (access required)

Due to procedural defects such as failure to preserve issues for appeal and to file a transcript or adequate written statement, the Court of Appeals affirms termination of this father’s parental rights. Stewart v. Hopewell Dep’t of Social Servs. (Per ...

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Search & Seizure – Investigatory Stop – Stolen Car (access required)

Police had a reasonable suspicion to stop a defendant who was in possession of a car that had been reported stolen; we disagree with defendant that he was unlawfully detained, in violation of his Fourth Amendment rights, and that the ...

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