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Monthly Archives: November 2008

Criminal – Embezzlement – Indictment – Fatal Variance (access required)

A physician who withheld funds from his employees’ pay for state income taxes, but did not forward the withheld tax payments to the Commonwealth of Virginia, is guilty of embezzlement under Va. Code § 18.2-111, the Virginia Supreme Court says. ...

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Criminal – Rape – Flight – Jury Instruction (access required)

At defendant’s trial for rape of a female friend, the trial court erred in instructing the jury that it could consider defendant’s departure from the woman’s apartment after the crimes had been committed as evidence of flight to avoid detection, ...

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Search & Seizure – Traffic Stop – Peeling Inspection Sticker (access required)

A police officer’s stop of a vehicle violated the Fourth Amendment because the officer stopped the vehicle solely because of his brief observation that the vehicle safety inspection sticker was “partially peeling,” and the drugs and gun found in the ...

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Criminal – Grand Larceny – Goods Valuation – Cigarette Theft (access required)

The Supreme Court of Virginia reverses defendant’s conviction of grand larceny from a convenience store because the prosecution’s proffer of $410.59 in stolen cigarettes included not only cigarettes discovered outside the store and with defendant and his accomplice, but also ...

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Search & Seizure – Anonymous Tip – Investigative Stop – DUI Arrest (access required)

Although police could corroborate some elements of an anonymous tip – the driver’s shirt, the color and make of his car, a partial license plate number and his direction of travel – the tip did not predict specific criminal activity ...

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Administrative – SCC – Electric Utility Rate (access required)

The State Corporation Commission did not err in setting an electric retail rate in an amount less than the rate requested by appellant, the Potomac Edison Company, which rates the company had sought for the purpose of recovering certain purchased ...

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Medical Malpractice – Wrongful Birth – Prenatal Testing – Dad Doctor-Patient Relationship (access required)

A mother who alleges defendant ob-gyn failed to inform her of a first-trimester test, chorionic villus sampling, that allegedly would have indicated that her twin daughters had Down syndrome so that she might have terminated the pregnancy, has her medical ...

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Domestic Relations – Custody – Fugitive Father – Move To Spain (access required)

In a case of first impression, the Supreme Court of Virginia upholds application of the fugitive disentitlement doctrine to say that a father who removed his son to Spain cannot appeal a custody decision in the Fairfax Circuit Court. In ...

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Taxation – Baptist Retirement Home – Property Tax Exemption (access required)

A Botetourt County property called “The Glebe,” a home for the elderly operated by the Virginia Baptist Homes Inc., is used for a religious purpose and therefore exempt from local property tax under Va. Code § 58.1-3650.33, and the circuit ...

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