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Monthly Archives: November 2008

Search & Seizure – Suppression Order Reversal – Probable Cause (access required)

Police had probable cause to arrest defendant after they seized a handgun found on the seat of the vehicle defendant had walked away from when officers first approached him after having been told by a citizen he thought the man ...

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Criminal – Voluntary Manslaughter – Self-Defense (access required)

Although there was evidence the victim had threatened defendant with a baseball bat earlier at another location, there nevertheless was not sufficient evidence that defendant, prior to firing the fatal shot at the victim, reasonably feared that the victim would ...

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Criminal – Malicious Wounding – Protective Order- 911 Call – Rule 5A:18 (access required)

A defendant convicted of aggravated malicious wounding of his former girlfriend and violation of a protective order cannot challenge admission of recorded 911 calls as unduly prejudicial because he failed to raise this issue in the trial court, the Court ...

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Criminal – Attempted Robbery – Juvenile – Transfer Hearing (access required)

A defendant’s convictions of attempted robbery and use of a firearm are affirmed by the Court of Appeals despite his claim that the trial court erred in refusing to dismiss the charges against him on the ground he was not ...

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Administrative – Franchise Act – VW Passats & Beetles – Commerce Clause (access required)

The Court of Appeals affirms a circuit court judgment upholding the decision by the Commissioner of Motor Vehicles that Volkswagen of America violated Va. Code § 46.2-1569(7) during the period from October 1997 through March 1998, when it failed to ...

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Tort – Business Tort – Consultant Agreement – Amount In Controversy (access required)

A Lynchburg U.S. District Court declines to dismiss this suit for unjust enrichment and tortious interference filed by plaintiff business consultant who claims that, pursuant to an agreement, he developed a business plan, a marketing plan and two Web sites ...

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Tort – Business Tort – Consultant Agreement (access required)

A Lynchburg U.S. District Court dismisses this suit against the three individual defendants, claiming unjust enrichment and tortious interference with plaintiff business consultant who claims that, pursuant to an agreement, he developed a business plan, a marketing plan and two ...

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Insurance – Policy Coverage – Jewelry Store Embezzlement (access required)

A jewelry store seeking additional coverage after defendant insurance carrier’s adjustment of the store’s claim based on an employee’s theft over a two-year period of $593,000 in jewels, to pay the store $325,823, loses its claim based on the ambiguous ...

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