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Monthly Archives: November 2007

Criminal – Undercover Drug Buy – Officer As Witness (access required)

There was sufficient evidence to convict defendant of distributing heroin and distributing a controlled substance within 1,000 feet of a school, and the trial court did not abuse its discretion in denying a continuance to permit defendant to obtain as ...

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Domestic Relations – Termination Of Parental Rights – Mother's Incarceration (access required)

A mother cannot overturn the termination of her parental rights to her son on the grounds that she was unable, because of her incarceration, to receive reasonable and appropriate services to remedy the conditions that required his foster care placement. ...

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Search & Seizure – Investigative Stop – Reasonable Suspicion (access required)

After an off-duty officer, who had experience with drug transactions, observed defendant stop his car in front of the officer’s car in a tavern parking lot, wave a small plastic bag with a white substance, kiss the bag, and exclaim ...

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Traffic Offenses – DUI – Double Jeopardy – Prior Suspension (access required)

Although defendant’s driver’s license had been suspended pursuant to the 60-day administrative suspension provision in Va. Code Sect. 46.2-391.2, her subsequent conviction of DUI under Code Sect. 18.2-266 for the same offense did not violate the constitutional prohibition against double ...

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Traffic Offenses – Breath Test Refusal – Lawyer's Presence (access required)

A defendant could not defend against a charge of refusal to take a breath test on the ground that he could refuse to take the test without a lawyer present, and his conviction under Va. Code Sect. 18.1-268.3 for unreasonable ...

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Traffic Offenses – DUI – Third Offense – Proof Of Date (access required)

Although the prosecutor examined the officer who arrested defendant for DUI, third offense, as to her encounter with defendant on Oct. 14, rather than Oct. 4, the date charged in the indictment, defendant questioned his own witness as to his ...

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Workers' Comp – Employer Penalty – Unpaid Benefits (access required)

Although employer claims it does not owe its employee unpaid wage benefits because he went back to work shortly after his injury and it paid him years of undeserved benefits, the Court of Appeals upholds the commission’s assessment of a ...

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