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Monthly Archives: January 2008

AG backs fix for nonlawyer signatures on motions

The attorney general’s office is sponsoring a legislative fix to a problem that it doesn’t believe really exists. The issue is the practice of having nonlawyers sign motions to hold in contempt parents who are delinquent in their support obligations. ...

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Retired Judge Overton dies at 79

Judge Nelson T. Overton, who served on the Court of Appeals from 1995 to 1999, died at his home yesterday. He was 79. The judge was a circuit judge in Hampton before he became the first judge from the Peninsula ...

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Supreme Court hears transportation authority arguments

Attorneys for opponents of regional transportation authorities told the Supreme Court of Virginia today that the General Assembly cannot delegate the power to impose taxes to non-elected bodies. William G. Broaddus, responding for the Northern Virginia Transportation Authority, countered that ...

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The latest on driver fees

Civil remedial fees, also known as “abusive driver” fees, were a big deal in 2007. Designed as a way to raise money for roads without raising taxes, the fee scheme assessed big bucks for certain driving offenses. But only against ...

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Cop’s disclaimer counted out

How much does a cop’s disclaimer count when deciding whether a suspect is actually in custody? Not much in a recent 4th Circuit case. FBI agents, some 23 strong, burst into the Chesapeake home of Willoughby Warren Colonna IV, a/k/a ...

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Rule 5A:12 rears its head

Lawyers trying to get a decision on the merits in the Virginia Court of Appeals know they have to clear the hurdle of Rule 5A:18, which makes sure the trial court had a chance to consider any claim of error ...

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Message received

The 4th U.S. Circuit Court of Appeals affirmed last week a downward departure for a sentence that it likely would have found unreasonable before the U.S. Supreme Court’s rulings in Gall v. U.S. and Kimbrough v. U.S. on Dec. 10. ...

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