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Monthly Archives: June 2008

Search & Seizure – Trash Can Search – Good Faith Exception (access required)

A search warrant affidavit supported a search, the 4th Circuit holds, even though the affidavit described a single trash can numbered “601” in a Richmond alley, when there were several such trash cans, and mail found in a trash bag ...

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Assembly showing no movement on judges (access required)

The General Assembly still appears to be far from a consensus on a justice for the Supreme Court of Virginia, a member of the State Corporation Commission and lower court judges in Hampton, Norfolk and Virginia Beach. There was talk ...

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Employment – ERISA – § 401(k) Plans – ‘Market Timing’ Funds (access required)

Employees who cashed out their fully-vested § 401(k) retirement plans can sue plan fiduciaries under ERISA for investing in mutual funds that engage in the abusive activity of “market timing”; the 4th Circuit says the cashed-out employees still are “participants” ...

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Criminal – Habeas Corpus – Jurisdiction – Temporary Custody (access required)

A convicted drug defendant who was serving a prison sentence in Kentucky, but who was held in custody for several months in Maryland where he appeared before his original federal sentencing judge on an outstanding post-conviction motion, cannot pursue his ...

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Sangria, beer pops soon to be legal in Virginia

They take their cocktails seriously, those folks in Alexandria. And because the folks at the state Department of Alcoholic Beverage Control take the rules seriously, it look legislation from the 2008 General Assembly to make it legal for Northern Virginians ...

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Kelsey, Millette, Ney get VBA, VADA endorsements

Virginia Court of Appeals Judges D. Arthur Kelsey and LeRoy F. Millette Jr. and Fairfax County Circuit Judge R. Terrence Ney have won the endorsement of both the Virginia Bar Association and the Virginia Association of Defense Attorneys for a ...

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Judge upholds church property statute

Fairfax Circuit Judge Randy Bellows today upheld the constitutionality of a Virginia statute that governs how property rights are determined in a church split, in a case that has pitted the mainline Episcopal Diocese of Virginia against 11 breakaway congregations. ...

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