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Monthly Archives: April 2008

Agee offers advice to appeals counsel (access required)

If you’ve heard it once, you’ve heard it a hundred times. From law professors, colleagues and appellate judges, the admonishment on brief writing is the same – keep it short and concise. Few advisors, however, illustrate the issue as colorfully ...

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Lawyers in the News (access required)

Matthew R. Foster has become associated with the Portsmouth law firm of Bangel, Bangel & Bangel LLP, where he will specialize in personal injury litigation. Foster earned his undergraduate degree from the University of Virginia and his law degree from ...

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Criminal – Credit Card Fraud – Intent (access required)

Where the owner of the company that employed defendant did not know that a bank had issued ATM cards associated with a “dormant” company account and testified he had never given defendant permission to use such ATM cards with withdraw ...

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Criminal – Sex Offender Registration – Probation Violation (access required)

A defendant who pleaded guilty to aggravated sexual battery and sodomy but who failed to register as a violent sex offender in 2005 and 2006 and failed to cooperate with treatment efforts violated conditions of his supervised probation for his ...

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Criminal – SANE Report – Crawford Violation (access required)

The Court of Appeals declines to reconsider its earlier ruling in this case, on interlocutory appeal by the commonwealth, that reversed the trial court’s exclusion of a report by the sexual assault nurse examiner (SANE) as a violation of defendant’s ...

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Domestic Relations – Spousal Support – Marital Award Reversal (access required)

A divorce court improperly awarded wife a greater percentage of the marital property in order to pay for expenses properly covered by spousal support, and the court’s equitable distribution award is reversed and remanded, which moots consideration of wife’s appeal ...

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Domestic Relations – Full Faith & Credit – Mass. Divorce Order (access required)

A Virginia divorce court did not err in granting full faith and credit to a Massachusetts divorce judgment obtained by wife and dismissing husband’s divorce suit in Virginia, as the record discloses the Massachusetts court’s personal jurisdiction was fully and ...

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Criminal – Child Rape – Nature Of Contact (access required)

Although a girl’s testimony established that defendant, her mother’s live-in boyfriend, raped her the first time he molested her, her description of subsequent incidents of sexual contact describe “oral or intercourse sex” without specifying more precisely what conduct occurred, and ...

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Lawyers offer poll in bid for justice’s recusal from Massey case (access required)

CHARLESTON, W.Va. (AP) Lawyers defending a $76 million judgment won against Massey Energy Co. hope a poll of 753 West Virginians will help convince a state Supreme Court justice to recuse himself from deciding the case. Justice Brent Benjamin has ...

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