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Monthly Archives: October 2008

Criminal – Suspended Sentences – Revocation (access required)

A defendant who received suspended sentences for his conviction of felony hit-and-run and related offenses, has those suspensions revoked for multiple violations of the conditions of his probation, and that decision is upheld by the Court of Appeals. At defendant’s ...

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Search & Seizure – Return Of Property – Pending Investigation (access required)

Searches pursuant to warrant on May 29, 2008, were legal even though petitioners were not at that time allowed to see the affidavit in support of the warrant, and the government’s continued retention of the property during the pending investigation ...

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Tech use during trial is topic of Richmond Bar program (access required)

The Richmond Bar Association will present a program Tuesday, Oct. 21, on the use of technology in presenting evidence during trials. The program – “Can They Do That? Use and Abuse of Basic Courtroom Technology” – will be held at ...

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Medical Malpractice – EMTALA – Triage – Diabetic Condition (access required)

A plaintiff who alleges he was not examined and treated for over 11 hours after he appeared at defendant’s emergency room, and that the triage nurse who saw him on his arrival and prioritized him as “non-urgent” failed to include ...

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Civil Rights – Prison Litigation Act – Assault – Exhaustion Of Remedies (access required)

A female inmate who alleges she was sexually assaulted by defendant while she was housed at the Pittsylvania County Jail can pursue her claim under § 1983 because defendant waived the affirmative defense of failure to exhaust available remedies as ...

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VSB Disciplinary Actions (access required)

On Aug. 22, 2008, the Virginia State Bar Disciplinary Board suspended Bernadette Wilbon O’Neal’s license to practice law in Virginia for an indefinite period. According to the VSB, the suspension was based on a May 28, 2008, decision by the ...

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Employment – ERISA – LTD Benefits – Airline Pilot – Diabetes (access required)

An airline pilot who was disqualified from performing that work by the Federal Aviation Administration after he became an insulin-dependent diabetic wins summary judgment in his claim for long-term disability benefits in this decision from the Charlottesville U.S. District Court. ...

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Criminal – Superseding Indictment – Drug Charge – Quantity (access required)

A defendant indicted in 1999 for possession of “more than five grams of cocaine base,” who went missing until 2008, loses his motion to dismiss a superseding indictment that charged him with possession of “50 grams or more” of cocaine ...

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Criminal – Speedy Trial – Cocaine Base – Competency Hearing (access required)

Where fewer than 70 days have elapsed before defendant filed his motion for a competency evaluation, the speedy trial statutory period was tolled by the filing of the motion, and the motion is currently pending, the time for trying defendant ...

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Buyer shorted in land sale – $390,244.75 Verdict (access required)

The parties entered into a contract to purchase 1,997 acres of land located on South Holston Lake in Washington County. The property was priced at $2,150 per acre. Suit was brought when the plaintiff was shorted 181 acres. Prior to ...

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