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Monthly Archives: June 2008

Criminal – Drug Transaction – Prior Sale Videotape – Other Crimes (access required)

At defendant’s trial for cocaine distribution, the trial court erred in permitting the jury to consider a videotaped recording of a drug transaction as evidence pertaining to an earlier transaction after the court struck the evidence of the later transaction, ...

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Suit over corporation sale now will be easier (access required)

The sale of a closely held corporation generally is covered by the Virginia Securities Act, the Supreme Court of Virginia has ruled. In doing so, the court rejected the “sale of business” doctrine, which some states apply to the sale ...

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Criminal – Intent To Rape – Inference – Presence In Home (access required)

A trial court’s error in instructing the jury that defendant’s intent to rape could be inferred from his unauthorized presence in the complainant’s home was harmless in light of other evidence before the jury, and the Virginia Supreme Court upholds ...

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Criminal – Withholding Tax Payment – Failure To Pay (access required)

The president of an excavating company who failed to pay the entire amount of withholding taxes for a defined time period, saying he did not have the money, but who paid himself a salary of $116,592 during that time period, ...

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VACDL mentor program is continuings to grow (access required)

While Virginia criminal defense attorneys struggle with those complicated fee waiver forms and skeptical judges, many of them are taking time out to help their newer colleagues. The Virginia Association of Criminal Defense Attorneys reports a surge in applications for ...

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Real Estate – Mining Lease – Wastewater Storage (access required)

In this dispute between Levisa Coal Company, the owner of a solid mineral estate subject to a long-term mining lease and a third party over the storage of wastewater from the third party’s mining operations on other lands within the ...

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Coal company can’t dump waste water into mine (access required)

Consolidation Coal Co.’s Buchanan No. 1 mine is by far the largest in the state. Big enough, in fact, that the mine accumulates so much water that pumping it directly into the Levisa Fork of the Big Sandy River would ...

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Consumer Protection – Mortgage Loan – Rescission – Fraud – VCPA (access required)

A homeowner who claims defendant mortgage lender defrauded him by arranging a higher interest rate on a refinance and misrepresenting an upfront payment of $17,467 as prepaid finance charges instead of closings costs and fees, cannot rescind the mortgage loan, ...

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