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Monthly Archives: December 2007

Energy Department to revisit decision on power lines (access required)

WASHINGTON — Energy officials announced Tuesday they will re-examine a decision to declare a large swath of the mid-Atlantic and two Southwest states a priority area for new power lines—a nod to those fighting proposed lines in their communities. The ...

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Obituary (access required)

Frank Nelson Light, a retired general district judge, died Nov. 27 at Westminster Canterbury in Virginia Beach. He was 83. A native of Rustburg, Judge Light graduated from high school in Chatham, where his father had a law practice. He ...

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Criminal – Murder Conspiracy Prosecution – Prior Plea Agreement (access required)

A defendant’s earlier plea agreement to charges arising from drug trafficking, providing that the government would not further prosecute him in the Eastern District of Virginia for the specific conduct described in the indictment, but stating that defendant did not ...

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Consumer Protection – 'Predatory Lending Scheme' – VCPA Violation (access required)

In a homeowner’s suit alleging a fraudulent scheme by defendants in which the homeowner conveyed title to her home but would continue living in the home and paying rent, expecting the home to be sold back to her when her ...

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Criminal – Miranda Warning – Custody – Hospital Emergency Room (access required)

A man who came to a hospital emergency room for treatment of a gunshot wound, and who told a police officer at the entrance to a hospital emergency room, “I’ve been shot,” was not in custody when questioned by police ...

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Civil Rights – Illegal Search Claim – Traffic Stop – Expired Decal (access required)

The district court dismisses a suit alleging police violated plaintiff’s civil rights when they searched him and found cocaine in his pants pocket, after stopping him for an expired city decal, when the City of Danville no longer requires decals. ...

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Criminal – Discovery – Drug Indictment – Jencks Act (access required)

Under the plain language of the Jencks Act, 18 U.S.C. Sect. 3500, which provides that certain statements made by government witnesses may not be subpoenaed, discovered or inspected until after the witness has testified on direct examination, it is clear ...

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Criminal – Discovery – Prior Record (access required)

A defendant charged with marijuana and firearm possession who has filed a motion with 20 separate requests for discovery, only several of which are supported by any legal authority, is entitled to discovery of his prior criminal record. Inasmuch as ...

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Criminal – Guilty Plea – Appeal Waiver (access required)

A defendant who represented that she understood the terms of her plea agreement as summarized by the prosecutor, including the provision by which she stipulated that her base offense level under the sentencing guidelines for possession with intent to distribute ...

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