Crime panel mulls death for those who kill responder
By News in Brief
Published: September 15, 2008
Members of the Virginia State Crime Commission will decide by December whether to support legislation expanding capital punishment to those who kill a firefighter or emergency responder while performing their duties.
Since 1976, Virginia has expanded its capital murder laws to include 15 circumstances that could result in the death penalty, including murder in the commission [...]
Prince William arrests of illegal immigrants nearly tripled in May
By News in Brief
Published: September 15, 2008
MANASSAS—Prince William County Police Chief Charlie Deane says the monthly total of suspected illegal immigrants arrested in the county has nearly tripled since May. The number of those later released without charges also rose sharply.
Deane reported Tuesday that 75 illegal immigrants were arrested in August and 59 were released.
Since the county’s crackdown on illegal immigration [...]
JLARC: Charge trash haulers to dump waste
By News in Brief
Published: September 15, 2008
Charging trash haulers higher fees for dumping waste in Virginia landfills could improve state and local recycling programs, according to a General Assembly study.
The Joint Legislative Audit and Review Commission report says a state surcharge of both in-state and out-of-state trash of 25 cents to $1 per ton could generate $3.9 million to $15.8 million [...]
Lawmakers get only middling grades
By News in Brief
Published: September 15, 2008
No Virginia lawmaker got better than a middling grade in a pro-business legislative monitor’s 2008 report card because the General Assembly failed to enact new transportation funding this year.
Virginia FREE deducted 20 percent off the top of every legislator’s 2008 business rating, reflecting the nonprofit group’s disdain at a failed early-summer special session for road, [...]
Domestic Relations – Property Settlement – Disclosure – Extortion Claim 
By Deborah Elkins
Published: September 15, 2008
A husband loses his appeal of a divorce court’s enforcement of a property settlement agreement under which husband agreed to indemnify wife for his fraudulent pledge of wife’s separate property as collateral for a loan on which husband later defaulted, and the Court of Appeals reverses the judgment in favor of wife and remands the [...]
Rehearing Granted 
By Deborah Elkins
Published: September 15, 2008
On Sept. 9, 2008, the Court of Appeals granted rehearing en banc in Clanton v. Commonwealth (VLW 008-7-358(UP)), Record No. 1018-07-2. The panel opinion of July 29, 2008, reversed a defendant’s conviction of “abduction” of an infant from one room to another during a home invasion.
Criminal – Drug Distribution – Presence At Scene 
By Deborah Elkins
Published: September 15, 2008
On rehearing en banc, the Court of Appeals holds that a defendant who was merely present in the home she shared with her boyfriend when he sold drugs to an undercover officer and who admitted she might have received some benefit from the drug sale can be convicted of possession of the marijuana and methamphetamine [...]
Administrative – Health Planning Agency – COPN – Hospital Project 
By Deborah Elkins
Published: September 15, 2008
A decision by the Virginia State Health Commissioner to deny the competing applications of three different hospitals for Certificates of Public Need to build or add acute care hospital beds in the Williamsburg area is upheld by the Court of Appeals.
Doctors’ Hospital of Williamsburg LLC proposed establishing a 51-bed general acute care hospital in Williamsburg.
LTACH@Riverside [...]
UR law prof gets Fulbright to teach in Beijing
By News in Brief
Published: September 15, 2008
Joel B. Eisen, a professor at the University of Richmond law school, has received a Fulbright scholarship to teach at the China University of Political Science and Law (CUPL) in Beijing, China, in the spring 2009 semester.
CUPL, one of China’s most prestigious law schools, was established in 1952 when the Chinese government combined the law [...]
Bankruptcy – Reaffirmation Agreement – Agreement Among Parties 
By Deborah Elkins
Published: September 15, 2008
An Alexandria U.S. Bankruptcy Court rejects a reaffirmation agreement between debtors and their mortgage lender secured by their home, because it does not appear there has been a meeting of the minds of all the parties.
It appears from the record that there is a delinquency, but there is no provision in the reaffirmation agreement addressing [...]

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