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Monthly Archives: September 2008

Environmental – Pollutant Discharge Permit – Sewage Treatment Facility (access required)

A trial court erred in ordering the State Water Control Board to issue a Virginia Pollutant Discharge Elimination System Permit to a utility company that manages the sewage treatment facility for an Accomack County residential neighborhood, and the Court of ...

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Administrative – Sexual Abuse Finding – Jurisdiction (access required)

The Court of Appeals upholds an administrative finding by the Virginia Department of Social Services that appellant sexually abused his nine-year-old granddaughter during a family beach trip to North Carolina, rejecting appellant’s contention that the Virginia agency had no subject ...

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Domestic Relations – Delinquency – Custody Return – Jurisdiction (access required)

A circuit court did not err in dismissing a mother’s motion to return custody of her son after the child’s prior delinquency charges were dismissed, the Court of Appeals holds. The JDR court lacked jurisdiction to dismiss charge 04, destruction ...

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Domestic Relations – Termination Of Parental Rights – Drug Abuse (access required)

The Court of Appeals affirms termination of the parental rights of a mother who tested positive for marijuana and cocaine and whose special-needs child, born in 2003, was determined to be abused and neglected and whose mother had no home ...

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Criminal – Venue Change – Murder & Robbery – Batson Claim (access required)

A circuit court trying defendant for first-degree murder and robbery did not err in denying defendant’s motion for a change of venue based on prejudicial pretrial publicity, the Court of Appeals holds. Defendant based his motion for a change of ...

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Criminal – Indictment Sufficiency – ‘Interstate Threats’ (access required)

A Big Stone Gap U.S. District Court says an indictment is “barely” sufficient to charge defendant with transmitting in interstate commerce a communication threatening to injure the person of another in violation of 18 U.S.C. § 875(c), with its listing ...

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Civil Rights – Correctional Employee – Disability Discharge – Equal Protection (access required)

A Roanoke U.S. District Court dismisses plaintiff former employee’s claim that defendant correctional officials violated her due process rights when they gave her the option to resign or be terminated, but the former rehabilitation counselor has stated an equal protection ...

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Criminal – Securities Fraud – Civil Enforcement – Fee Petition (access required)

In this civil enforcement action for securities fraud violations, a magistrate judge for the Charlottesville U.S. District Court recommends approval of an application for accountant’s fees and expenses. There is an issue that needs to be addressed so there can ...

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