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Rehearing for lawyer contempt case

Updating an April 30 blog entry, the Virginia Court of Appeals today granted rehearing en banc in Scialdone v. Commonwealth.

In its April 29 split panel decision, the appellate court reversed summary contempt, including jail terms, for two Virginia Beach lawyers and their law clerk. The lawyers, Claude Scialdone and Barry Taylor, were defending their client Frankie Dulyea on criminal charges stemming from online conversations in 2005 with an undercover cop pretending to be a pubescent girl. Virginia Beach Circuit Judge Patricia West ordered the lawyers to jail for offering into evidence an altered document purporting to show Internet chat-room rules at the time of Dulyea’s chats.

By Deborah Elkins

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