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Monthly Archives: April 2008

Domestic Relations – Termination Of Parental Rights – Father’s Contact (access required)

There was no evidence that father’s failure to communicate with his child or the child’s foster care worker was due to the father’s incarceration, and termination of his parental rights is affirmed. The father’s interaction with his child was limited ...

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Criminal – Appeals – Certification – Suppression Order – Curtilage (access required)

The commonwealth’s failure to comply with the certification requirement of Va. Code § 19.2-400 is not a fatal jurisdictional defect that requires dismissal of this appeal of a trial court’s order suppressing evidence that led to defendant’s indictment for possession ...

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Criminal – Concealing Merchandise – Prior Larceny Conviction (access required)

Although defendant contends the evidence introduced at trial was insufficient to prove he had two prior larceny convictions, his conviction of concealing merchandise, a third or subsequent larceny offense under Va. Code § 18.2-104, is affirmed. Defendant argues that a ...

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Criminal – Drug Distribution – Minor (access required)

A defendant who gave pills to his 17-year-old daughter and her teenage friend that he described as morphine and Darvocet, washed down with beer provided by defendant, properly was convicted of two counts of drug distribution to a person under ...

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Workers’ Comp – Ordinary Disease – MRSA Infection – Hospital Worker (access required)

Health care professionals treating an employee from Central State Hospital for methicillin-resistant staphylococcus aureus (MRSA) who opined that she probably picked up the infection from patients at the hospital, who had poor hygiene, the denial of comp benefits for her ...

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Workers’ Comp – Coal Mine Accident – PTSD (access required)

A treating doctor who diagnosed a mine maintenance foreman as suffering from acute post-traumatic stress disorder, based on the foreman having observed a friend’s death in a mine accident, when claimant did not observe the incident but arrived on the ...

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Traffic Offenses – DUI – Sixth Amendment – Crawford Claim (access required)

A DUI defendant who did not subpoena the “booking tech” who administered a blood alcohol breath analysis to defendant after his arrest for driving while intoxicated cannot overturn his DUI conviction with a challenge on appeal to admission of the ...

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Federal judge: college alcohol-ad ban violates free speech (access required)

A federal magistrate judge has overturned Virginia’s decades-old ban on alcohol-related advertising in college newspapers, saying that the law violates the student publications’ constitutional right to free speech. U.S. Magistrate Judge M. Hannah Lauck sided with the student newspapers at ...

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