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Monthly Archives: July 2008

Civil Rights – Church Property – First Amendment – Equal Protection (access required)

A Fairfax Circuit Court upholds the constitutionality of Va. Code § 57-9, as applied to a dispute over property claimed by both the Episcopal Diocese of Virginia and the national church, and 11 breakaway congregations; the statute, as applied, does ...

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Zoning – Piecemeal Downzoning – Density (access required)

A Loudoun County Circuit Court dismisses plaintiff owner’s claims that their property, formerly zoned A-3 with a permissible base density of one dwelling unit per three acres of land, have been subjected to piecemeal downzoning by amendment to the county ...

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Contract – Noncompete – Nonsolicitation – IT Company ‘Client’ (access required)

A Chesterfield Circuit Court rejects plaintiff New Age Digital’s attempt to enforce a noncompete that prohibits any company director from “any type of competitive activity” anywhere within the commonwealth for one year after termination; the court likewise strikes a nonsolicitation ...

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Search & Seizure – High-Crime Area – Waving At Cars (access required)

A police officer who observed defendant near a convenience store in a high-crime area late at night, waving at cars, and who smelled alcohol on defendant and heard his slurred speech, did not violate defendant’s Fourth Amendment rights by patting ...

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Criminal – Temp’s Embezzlement – Circumstantial Evidence (access required)

The Court of Appeals affirms a temporary employee’s conviction of embezzlement, despite her claim that the commonwealth’s circumstantial evidence failed to prove the money she allegedly embezzled was actually received by the roofing company where she was working, and was ...

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Criminal – Uttering Counterfeit Currency – Judge’s Comment (access required)

A trial judge’s comment that defendant’s version of how he came to possess counterfeit currency “may be the truth; I don’t know,” does not translate into a reasonable doubt as to defendant’s guilt, and the Court of Appeals affirms defendant’s ...

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Criminal – Crack Cocaine – Intent To Distribute (access required)

The Court of Appeals affirms defendant’s conviction of possession of crack cocaine with intent to distribute, based on his possession of a 9.5-ounce, golf-ball-sized rock of crack cocaine. A police sergeant testified that the cocaine in question would have a ...

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Search & Seizure – Traffic Stop – Drug Dog Threat (access required)

Police did not violate a driver’s Fourth Amendment rights when an officer stopped her pickup truck for an inoperative brake light, and after recalling that he had seen the driver the week before at a house searched for narcotics, asked ...

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Criminal – Robbery – Purse-Snatching (access required)

A defendant who was a passenger in a car and grabbed a woman’s purse in a restaurant parking lot, dragging the woman about 30 feet until the purse slipped off the woman’s arm, used force to effect the taking and ...

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