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Monthly Archives: November 2007

Damages for Chesapeake Airport neighbors

Property owners who lived near Chesapeake Airport have won the right to damages for noise and vibration that they say has ruined the once quiet, rural setting of their West Landing Estates neighborhood. In operation since 1977, the airport completed ...

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Search & Seizure – Hit & Run Report – Dispatch Alert (access required)

A police officer who received a dispatch report about a brown pickup truck involved in a hit-and-run in a Lowe’s parking lot and who checked out the reported license plate and proceeded toward the truck owner’s home, did not seize ...

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Traffic Offenses – Civil Remedial Fees – Sovereign Immunity (access required)

A Roanoke County Circuit judge holds that the doctrine of sovereign immunity does not bar a request for a declaratory judgment on the constitutionality of Va. Code Sect. 46.2-206.1, which established civil remedial fees for reckless driving as part of ...

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Municipal – Waste Collection Fee – Equal Protection Claim (access required)

A municipal waste company loses its equal protection challenge to a decision by appellee Rivanna Solid Waste Authority, a governmental entity that fixes waste disposal fees under Va. Code Sect. 15.2-5136, to invoice area waste haulers other than the successor ...

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Search & Seizure – Warrantless Arrest – Gang Crackdown – Fingerprint Evidence (access required)

Police acted illegally when, as part of a nationwide initiative to apprehend illegal alien gang members, they arrested defendant without a warrant after observing his alleged gang tattoo, but evidence of defendant’s identity as an illegal alien ascertained after taking ...

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Criminal – Child Sexual Abuse – Indictment (access required)

At defendant’s trial for sexually abusing his girlfriend’s two young daughters, the trial court did not err in allowing amendments to the indictments related to the younger victim, after offering defendant a continuance. The appellate court rejects defendant’s contention that ...

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Criminal – Felon In Possession – Eyewitness Testimony (access required)

Although defendant contends there was insufficient evidence to prove his possession of a weapon, eyewitness testimony demonstrated defendant had a Glock 9mm, a weapon designed to expel a projectile by means of an explosion, and his conviction under Va. Code ...

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Criminal – Felony Obstruction – Force (access required)

A defendant who was chased down by police who questioned him about the smell of marijuana during a traffic stop, and who did not surrender his hands to police but kept them “locked under,” did not exhibit sufficient force to ...

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Criminal – Sentence Modification – Jurisdiction (access required)

A trial court did not err in denying defendant’s motion to reconsider his robbery sentence; although defendant contends his filing of a notice of appeal did not divest the trial court of jurisdiction to modify his sentence, he otherwise failed ...

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