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Monthly Archives: April 2008

Criminal – Murder Charge – Miranda Warnings – Custody (access required)

The trial court did not err in concluding that a reasonable person would not have believed she was in police custody when she initially agreed at the hospital where she was treated for a gunshot wound to the face to ...

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Kaine stays execution while high court ponders lethal injections (access required)

Gov. Timothy M. Kaine stayed the execution Tuesday of a man who killed a police officer, giving the U.S. Supreme Court time to decide whether lethal injections are constitutional. Kaine delayed the execution of Edward Nathaniel Bell, scheduled for April ...

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Court grants new hearing on ‘writ of actual innocence’ (access required)

VIRGINIA BEACH—A former Navy SEAL trainee who has served 12 years in prison has been awarded a hearing on his claim that his co-defendant was solely responsible for murdering a Georgia college student vacationing in Virginia Beach. Dustin Turner, 33, ...

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Peninsula Women’s Bar hosts charity gala April 9 (access required)

The Greater Peninsula Women’s Bar Association will host its annual Charity Gala this Wednesday, April 9, at the Point Plaza Conference Center. Attorney General Bob McDonnell will serve as master of ceremonies at the gala, which will last from 6 ...

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Criminal – Murder – Witness Immunity – Procedural Bar (access required)

A defendant who moved at trial to dismiss second-degree murder and firearm charges against him on the ground that the prosecution had gained an unfair advantage in granting a defense witness immunity in order to obtain her testimony before a ...

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Civil Procedure – Discovery – Attorney’s Fees (access required)

A corporation that won its request for attorney’s fees for the opposing party’s violation of federal discovery rules and the parties’ joint discovery plan does not get the nearly $24,000 in attorney’s fees it requests, at hourly rates of up ...

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Civil Procedure – Civil Contempt – Tax Service Franchise (access required)

A former Liberty Tax Service franchisee is held in civil contempt by the district court for failure to comply with a court order requiring the former franchisee to return to the franchisor telephone numbers and customer lists and not to ...

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Employment – ERISA – Long-Term Disability – Neuropathy (access required)

An employee disability plan cannot support its denial of long-term disability benefits to claimant with a report from a doctor who performed a functional capacity evaluation that ignored medical findings of claimant’s treating doctor and the impact of pain from ...

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Intellectual Property – Patent Infringement – ‘Exceptional Case’ – Attorney’s Fee Award (access required)

In this patent infringement litigation involving a system for monitoring the power quality and energy consumption for branch circuits, which the district court already has designated an “exceptional case” worthy of an attorney fee award under 35 U.S.C. § 285, ...

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