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Monthly Archives: April 2008

Domestic Relations – Adultery – Babysitter Testimony (access required)

A circuit court finds husband has proved wife’s adultery by clear and convincing evidence, based not only on testimony, observations and photographs provided by two private investigators hired by husband, but also through testimony of the parties’ babysitter for 20 ...

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Employment – Public Employee – Grievance Procedure (access required)

A circuit court dismisses a petition filed by a city employee requesting implementation of an employee grievance panel decision that her employment should be reinstated after she was terminated based on alleged misrepresentation on an application for emergency food stamps. ...

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Administrative – College Tuition – Domicile – In-State Status (access required)

A circuit court upholds a decision by the Residency Committee of Virginia Commonwealth University denying in-state tuition to a student who has not overcome the presumption that she came to Virginia from New York state for the purpose of attending ...

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Negligence – Municipal – Fireman’s Rule – Police Pursuit (access required)

A police officer who was assisting in a high-speed chase to stop a suspect who had eluded a number of county officers, and who encountered a John Doe driver traveling on the wrong side of the highway, prompting the officer ...

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Contract – Mechanic’s Lien – ‘Lot’ – Apportionment (access required)

Although the circuit court agrees that the “parcels” as well as “lots” of a subdivision should have been included in plaintiff’s memorandum of mechanic’s lien, and the amount should have been apportioned over the total lots or parcels, rather than ...

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Traffic Offenses – Driving After HO Order (access required)

Although defendant contends a December 2005 misdemeanor habitual offense was nolle prosequied for lack of actual notice of HO status, he overlooks the fact that the commonwealth proved at trial that he knew he was an HO in December 2005 ...

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Criminal – Speedy Trial – Waiver – Continuance (access required)

A defendant charged with carnal knowledge of a 13-year-old girl did not object to a continuance for the commonwealth granted because the court was unable to impanel a large enough jury pool, and there was no violation of his statutory ...

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Criminal – Wife Murder – Firearm Use – Protective Order (access required)

Admission of the protective order defendant’s wife had obtained against him, at his trial for her murder, did not violate his Confrontation Clause rights under Crawford v. Washington, 541 U.S. 36 (2004), and his firearm and murder convictions are affirmed. ...

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Traffic Offenses – DUI – Breath Test Refusal (access required)

A woman who admitted drinking a little over one glass of wine prior to leaving a party at a restaurant, who was stopped for speeding and who was reported as confrontational and unable to pass field sobriety tests, smelling of ...

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Traffic Offenses – DUI – Maiming – Unconsciousness Defense – Ambien (access required)

A driver whose vehicle struck a victim, injuring her legs and requiring amputation of her left leg, after taking several Ambien sleeping tablets for which he had no prescription, cannot defend criminal charges on the ground that he was unconscious ...

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