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Monthly Archives: May 2008

The consequences of legislative gridlock

Thanks to politics and posturing in the General Assembly, three judgeships in Hampton were left unfilled when the legislature last left Richmond, leaving the locals to clean up the mess. Lawyers and judges in Hampton have been muddling through, but ...

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Chapter 6: Special Features and Practice Area Pages

This chapter focuses on the Special Features section and the Practice Area pages. Special Features Each year, VLW publishes a number of unique projects which provide valuable information to the legal community. On our Web site, we’ve created a section ...

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Domestic Relations – Attorney Fees – Appeals – O’Loughlin (access required)

Although Virginia divorce jurisprudence gives the Court of Appeals discretion to award attorney’s fees in an appeal, to be determined in the trial court on remand, O’Loughlin v. O’Loughlin says nothing about a trial court’s ability to enforce the parties’ ...

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Workers’ Comp – Dismissal With Prejudice – Commission Deference (access required)

The Workers’ Compensation Commis-sion was not required to defer to the decision by the deputy commissioner that this claim for benefits should be dismissed with prejudice, which the full commission held was too severe a penalty appropriate in case of ...

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Criminal – Assault On Wife – Continuance – Witness Appearance (access required)

The Court of Appeals holds that a defendant convicted of assault on a family member (his wife), third offense, cannot overturn his conviction with a claim that the trial court abused its discretion by forcing him to withdraw his motion ...

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Criminal – Drug Distribution – School Property (access required)

A defendant who was passing out heroin capsules in exchange for money in a Portsmouth housing project within 1,000 feet of a school has his convictions under Va. Code §§ 18.2-248 and 18.2-255.2 affirmed by the Court of Appeals. The ...

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Criminal – Larceny – Property Value (access required)

A defendant’s challenge to his conviction for grand larceny is rejected because the record reflects that on this particular count, defendant in fact was convicted of petit larceny, so his claim the stolen property did not meet the $200 threshold ...

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Criminal – Stolen Property – Valuation – Lottery Tickets (access required)

A defendant who presented stolen, winning lottery tickets to two different stores that each paid defendant $105 in cash from store funds is guilty of receipt of stolen property, but can only be convicted of two misdemeanor convictions, as the ...

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Criminal – Murder – Insanity Defense – Malingering (access required)

At defendant’s trial for strangling then decapitating his aunt, the trial court did not err in admitting into evidence a letter found in defendant’s personal effects in his jail cell, which he shared with no one else, that detailed plans ...

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Criminal – Murder – Hearsay – State-Of-Mind Exception (access required)

Even assuming the trial court erred in allowing as “state of mind” evidence testimony from a co-worker of defendant’s roommate that defendant had earlier put a gun to the roommate’s head, admitting the testimony was harmless error in light of ...

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