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Monthly Archives: September 2008

Criminal – Bifurcated Trial – Prior Larcenies – Recidivist Statute (access required)

In defendant’s prosecution for concealment as a third or subsequent offense, a Fairfax Circuit Court denies defendant’s motion to bifurcate the guilt phase of the trial under Va. Code §§ 18.2-103 and 18.2-104, in order to preclude introduction of evidence ...

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Search & Seizure – Illegal Detention – Parked Car (access required)

An officer patrolling behind a shopping center at night who observed defendant and a companion in a car parked behind a store, with an open beer bottle in the car console, detained defendant by seizing his identification, and the marijuana ...

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Domestic Relations – Marriage Affirmance (access required)

A Fairfax Circuit Court denies a “Petition to Affirm a Marriage” filed by a couple that underwent an Islamic religious marriage ceremony performed by a religious authority, but who had no civil marriage license. Petitioners ask that their marriage be ...

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Anti-spam law struck for being ‘overbroad’ (access required)

It’s unusual for the Supreme Court of Virginia to take a second look at a decided case. It’s highly unusual for the high court to switch from a 4-3 affirmance to a unanimous reversal of a criminal conviction. The high-profile ...

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Employment – Noncompete – Employment Recruiter – Functional Limitation (access required)

A skilled-trade broker in the Hampton Roads area cannot enforce its noncompete against a former manager, because the two-year agreement “is unlimited in both its geographic and functional scope,” a Chesapeake Circuit Court says. Defendant formerly worked as Marine Division ...

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Independent assessment a key to dealing with disaster (access required)

The collapse of the building at Chester Village earlier this month is a stark reminder that construction can be a dangerous business. A worker on the Chesterfield County structure was killed when the second floor of the building collapsed onto ...

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Domestic Relations – Spousal Support – Imputed Income (access required)

Although husband, who deserted the parties’ 22-year marriage, presented evidence wife could earn as much as $13,000 per year, the Court of Appeals saysthe divorce court did not err in declining to impute income to wife, who suffered from a ...

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No discovery of hospital policies, Fairfax judge says (access required)

A woman who alleged she partially delivered her stillborn baby at home less than an hour after a hospital discharged her is not entitled to discovery of the hospital’s written policies pertaining to her personal medical care or its policies ...

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Domestic Relations – Equitable Distribution – Tax Payment Credits (access required)

A divorce court did not err during equitable distribution in awarding wife half the fair market rental value of the marital home or finding the receivables from two loans to be marital assets, but the court did err in awarding ...

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