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Monthly Archives: September 2007

Search & Seizure – Arrest – DNA Testing – Cold Hit (access required)

Requiring a DNA sample by mouth swab of a defendant arrested for an unrelated crime does not violate his constitutional rights, and this defendant’s conviction in 2003 for a 1991 rape is affirmed. Defendant was arrested on another charge of ...

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Tort – Business Torts – Conspiracy – Trade Secrets – Damages (access required)

A lighting-fixture supplier’s evidence about longstanding relationships with prior customers, including a Hilton hotel, demonstrated that the supplier could have expected to land certain lucrative contracts but for the poorly prepared bids by its former sales manager who left to ...

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Zoning – Amendment Procedure – Day Labor Agency (access required)

Although the text of a proposed amendment to a City of Alexandria zoning ordinance did not have to be in written format at the time of its initiation before the planning commission, the resulting amendment to the zoning ordinance was ...

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Zoning – Conditional Use Permit – Necessary Party – Wind Turbines (access required)

In this litigation consolidating appeals in two challenges by neighboring landowners to Highland County’s grant of a conditional use permit to build an electric generation substation using 400-foot high wind turbines, the Supreme Court reverses in one case and affirms ...

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Administrative – Beer Franchise – Termination – Notice (access required)

In this round of litigation over Kirin Brewery’s termination of Virginia Imports’ beer distributor franchise under Virginia’s Beer Franchise Act, the Court of Appeals holds that the circuit court did not err in affirming the final decision of the Virginia ...

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Criminal – Confrontation Right – Deported Witness (access required)

A trial judge did not err in concluding that the commonwealth exercised reasonable diligence to procure the attendance at defendant’s robbery trial of its deported witness, the robbery victim, as a predicate supporting the trial court’s determination that the witness ...

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Criminal – Failure To Appear – Incarceration (access required)

A defendant released on his own recognizance after arrest, on the condition that he remain in Virginia for trial and any appeal of the felony charge, but who went to Maryland where he was arrested and incarcerated for another offense ...

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Environmental – Discharge Permit – Photography Authorization (access required)

The State Water Control Board was entitled to include in a Virginia Pollutant Discharge Elimination System discharge permit a provision authorizing photography by staff of the Department of Environmental Quality, and the circuit court did not err in upholding such ...

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Traffic Offenses – DUI – Sufficiency – Rebuttable Presumptions (access required)

Rejecting defendant’s sufficiency, multifariousness and constitutional challenges to her DUI conviction under Va. Code Sect. 18.2-266, we affirm. Defendant appeals on three grounds. She first claims the jury acquitted her of driving under the influence (subsection (ii) of Code Sect. ...

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