17 « November « 2008 « Virginia Lawyers Weekly

Social Networking for Lawyers

By dmc-admin
Published: November 17, 2008
Tags: Social Media, Technology

For anyone who’s been keeping up with the trend, it’s no surprise that social networking sites have become more than just a place for teens and young adults to interact with their friends.
More and more savvy businesspeople are starting to realize the potential of online networking and embrace it as a means of reaching out [...]

Employment Discrimination – Title VII – Air Traffic Controller – Hostile Environment

By Deborah Elkins
Published: November 17, 2008

A female air traffic controller gets another shot at proving her “hostile environment” case because an Alexandria U.S. District Court erred in refusing to consider affidavits from coworkers about conduct plaintiff did not personally witness.
Ziskie v. Mineta (USCA) (VLW 008-2-149) (16 pp.)

Employment – Public Employee – Grievance – Sick Leave Bank

By Deborah Elkins
Published: November 17, 2008

A former recreation employee for the City of Norfolk can grieve her termination with a complaint about use of the Sick Leave Bank and denial of benefits, even though her complaint asked for damages and did not clearly seek reinstatement, a Norfolk Circuit Court says.
The employee’s grievance was denied for failure to state a dispute [...]

Domestic Relations – Termination Of Parental Rights – Substance Abuse

By Deborah Elkins
Published: November 17, 2008

A mother who was unable or unwilling to comply with treatment for her abuse of marijuana and cocaine loses her parental rights to her three children, in this decision by the Court of Appeals.
The evidence showed that substance abuse treatment, individual therapy, child care, and assistance with housing had been available to mother. Yet, her [...]

Criminal – Taking Indecent Liberties – Other Crimes – Letter To Counselor

By Deborah Elkins
Published: November 17, 2008

Although 20 months passed between an incident in which a 13-year-old girl allegedly was sexually molested by her sister’s boyfriend and her report of the incident in a letter to a school counselor, the trial court did not err in admitting the letter into evidence at the boyfriend’s trial for taking indecent liberties in violation [...]

Search & Seizure – Traffic Stop – Passenger Search

By Deborah Elkins
Published: November 17, 2008

The record supported a trial court’s suppression of cocaine residue found on a plastic spoon in the pocket of an auto passenger where the audio/videotape of the encounter between the officer and the passenger did not clearly indicate the passenger’s response when the officer asked if he could search the passenger, the Court of Appeals [...]

Search & Seizure – Reasonable Suspicion – Stop In Travel Lane

By Deborah Elkins
Published: November 17, 2008

Police had reasonable suspicion to detain and approach a vehicle that had been halted in a street travel lane for 15 seconds and could have been a hazard to traffic and a violation of Va. Code § 46.2-888, but the Court of Appeals says police exceeded the scope of their right to conduct a pat-down, [...]

Criminal – Hearsay – Statement Against Penal Interest – Third-Party Confession

By Deborah Elkins
Published: November 17, 2008

At defendant’s trial for the theft of two spools of copper wire from a Sprint substation, based largely on the testimony of the woman who drove the van transporting the wire with her father and the defendant, the trial court did not err, the Court of Appeals says, in excluding evidence of a purported third-party [...]

Search & Seizure – Weapon Possession – Release On Summons

By Deborah Elkins
Published: November 17, 2008

Assuming defendant’s arrest and search violated state law requiring release on a summons, police had probable cause to believe defendant committed the misdemeanor of possessing a concealed weapon, and the arrest and search did not violate the U.S. or Virginia Constitutions, and the Court of Appeals upholds denial of defendant’s motion to suppress.
The evidence, properly [...]

Unemployment Comp – Unemployment Benefits – Discharge For Misconduct – Political Activity

By Deborah Elkins
Published: November 17, 2008

A lab test engineer loses his challenge to a denial of unemployment compensation after he was terminated for using his employee computer and company e-mail address to send other employees political information about the race for mayor of Altavista; the Court of Appeals affirms the denial of benefits.
Appellant used his company computer and e-mail account [...]