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Monthly Archives: September 2007

Goose pic prompts farmer’s $7.5M lawsuit

Andrew Marsinko, a Botetourt County poultry farmer, wasn’t happy when he learned that a photo taken of him at the 1996 Virginia State Fair showed up on a greeting card. The card shows him wearing a cowboy hat and holding ...

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Ex-Mary Wash president guilty of DUI

Former University of Mary Washington President William J. Frawley was in court yesterday on the first of two drunken-driving hearings he will have this week. The Richmond Times-Dispatch reports that in Fredericksburg general district court, he entered an Alford plea, ...

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In Memoriam: Jack Coulter

Retired Judge Jack Coulter died last Thursday at the age of 83. He served on the 23rd Circuit, covering Roanoke, Roanoke County and Salem, from 1973 to 1989. In the 1980s, Judge Coulter twice was under consideration for a seat ...

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Civil Procedure – Venue – Forum Selection Clause (access required)

A contract provision that Tennessee law “shall govern the agreement” and that the “appropriate county or state courts” of Tennessee and “the federal courts having jurisdiction thereover will have jurisdiction of any and all actions arising from this agreement” does ...

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Real Estate – Deed Indexing – Cover Sheet Error (access required)

A real estate lender states a negligence claim against a clerk of court whose office indexed a deed of trust based on a cover sheet prepared by counsel that misspelled the owner’s name; a Virginia statute that allows clerks of ...

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Criminal – Guilty Plea Withdrawal – 'Provisional' Acceptance (access required)

Although a district court told defendant during his Rule 11 plea colloquy that his plea of guilty to a firearm charge was “provisionally accepted” pending receipt of a presentence investigation, defendant did not have an unconditional right to withdraw his ...

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Immigration – Reopening Proceedings – Post- Departure Motion (access required)

Although a Nigerian native and former legal resident already has been removed from the U.S., he nevertheless can move to reopen immigration proceedings under 8 U.S.C. Sect. 1229a(c)(7)(A); because we conclude that 8 C.F.R. Sect. 1003.2(d) conflicts with clear statutory ...

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Bankruptcy – Stay Pending Appeal – Trustee's Debt Collection (access required)

A bankruptcy trustee who wants to enforce a half-million dollar judgment he won against Mountain Empire Oil Co. for its occupancy of certain real estate owned by debtor oil company must wait, because the district court is granting MEO’s motion ...

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Criminal – Attempted Capital Murder – Gunfire Exchange (access required)

A defendant who exchanged gunfire with a police officer during the course of an attempted robbery of a check-cashing store has his conviction of attempted capital murder affirmed, despite his claim that the trial court’s finding instruction did not include ...

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Criminal – Malicious Wounding – Indictment Charge – Unlawful Wounding (access required)

A defendant cannot be convicted of malicious wounding on an indictment that only charged unlawful wounding, but his conviction on two charges of felony child neglect is affirmed. Defendant was accused of harming three foster children who were siblings. He ...

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