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Monthly Archives: July 2008

Criminal – Felon In Possession – ‘Other Crimes’ – Drug Possession (access required)

The Court of Appeals affirms defendant’s conviction of possession of a firearm as a convicted felon, despite his claim he was unduly prejudiced by evidence that during a traffic stop, police recovered cocaine from his person and in bags under ...

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Criminal – Leaving Accident Scene – ‘Involved’ In Accident (access required)

A defendant who spun out his motorcycle shortly after leaving his cousin’s driveway and who was moving the motorcycle out of the roadway with assistance from his cousin and a friend when another car came along and veered into the ...

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Workers’ Comp – Marketing Residual Capacity – Home Construction (access required)

The Virginia Court of Appeals reverses an award of temporary partial disability benefits for an employee who injured his eye with a nail gun while framing homes, because claimant did not adequately market his residual work capacity. Claimant admitted he ...

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Criminal – Right To Silence – Continued Conversation (access required)

Although defendant made a statement invoking his right to remain silent, he then immediately contradicted his declaration by arguing for his innocence with the officer, reinitiating discussion about whether he was driving a vehicle and had cocaine, and waiving his ...

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Criminal – Firearm Charge – Prior Juvenile Offense (access required)

A defendant’s prior conviction for carrying a pistol into a public school in violation of Va. Code § 18.2-308.1 means he can be convicted for possession of a firearm after having been adjudicated delinquent as a juvenile for an offense ...

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Criminal – Voluntary Manslaughter – Principal In Second Degree (access required)

The Court of Appeals holds there was sufficient evidence to convict defendant as a principal in the second degree to voluntary manslaughter in the shooting death of one of a group of men who, over the course of an evening ...

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Domestic Relations – Contempt – Cohabitation (access required)

A divorce court did not err in denying father’s petition to hold mother in contempt for multiple claimed violations of the court’s custody order that required mother to file for child support from fathers of her other children and refrain ...

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Criminal – Attack On Security Guard – ‘Concert Of Action’ (access required)

Although defendant contends he had a change of heart and waited in the bushes while his codefendant attacked a security guard in order to take his gun, and was shot in the arm, the Court of Appeals says there was ...

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