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Monthly Archives: November 2008

Is ‘What’s Up?’ an unlawful interrogation?

The Maryland Court of Appeals, that state’s highest court, heard an unusual argument on Monday. A public defender ignored the respectful opening, “May it please the court…” and simply asked the judges, “What’s up?” The nonplussed chief judge corrected him, ...

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Hold those overseas ballots, judge says

U.S. District Judge Richard L. Williams ordered Virginia officials to protect any overseas ballots arriving after 7 p.m. on Election Day pending the resolution of a lawsuit filed by the McCain campaign. William H. Hurd, a Richmond lawyer representing the ...

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

A reversal in a rape case gives the Supreme Court of Virginia a chance to highlight a defect in the Model Jury Instruction on flight. Turman v. Commonwealth (Va.S.Ct.) (VLW 008-6-116) (14 pp.)

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Election advocacy for mentally ill raises questions

People with disabilities have a heightened interest in selecting the candidates who will govern the programs that the disabled depend on.  Nevertheless, some advocates say that one class of disabled people — those with mental disabilities — are too often ...

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Search & Seizure – Anonymous Tip – Investigative Stop – DUI Arrest

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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Appointed prosecutor tosses Gloucester charges

A special prosecutor appointed to handle grand jury charges of official misconduct by four members of the Gloucester County Board of Supervisors decided to drop the entire case.   On the motion of Assistant Virginia Beach Commonwealth’s Attorney Catherine Dodson, Substitute ...

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Civil Procedure – Appeal Bond – Child Support Arrearage (access required)

A father who owed $115,758 in child support cannot pursue an appeal in the Court of Appeals, as the trial court did not err in ruling that the father had to post an appeal bond when he appealed from the ...

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Woman’s leg broken in Danville collision – $250,000 Settlement (access required)

LaWanda Townes was driving a 1999 Dodge on Sept. 21, 2007, at the intersection of Westover and Piedmont drives in Danville when she was involved in a wreck with a 2005 Mini Cooper driven by Lorena Barr. Traffic flow through ...

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Jury doubles award entered by general district judge – $25,000 Verdict (access required)

The case involved a claim for soft tissue injuries to the neck and back on account of a motor vehicle accident in which the defendant’s car rear-ended the plaintiff’s car. The 28-year-old female plaintiff’s damages consisted primarily of complaints of ...

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