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Monthly Archives: November 2008

Domestic Relations – Termination Of Parental Rights – Substance Abuse (access required)

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 ...

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Search & Seizure – Traffic Stop – Passenger Search (access required)

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 ...

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Search & Seizure – Reasonable Suspicion – Stop In Travel Lane (access required)

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 ...

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Search & Seizure – Weapon Possession – Release On Summons (access required)

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 ...

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Unemployment Comp – Unemployment Benefits – Discharge For Misconduct – Political Activity (access required)

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 ...

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Employment – Public Employee Grievance – Rule 5A:18 (access required)

The Court of Appeals cannot consider an appeal from a circuit court decision upholding disciplinary action taken by the Southside Virginia Training Center against appellant employee because the employee did not make a timely objection or timely raise before the ...

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Criminal – Voluntariness Of Statement – Plea Negotiations (access required)

A defendant who admitted his mistaken belief that his interview with police resulted from plea negotiations initiated by his counsel, involving a different robbery in Prince William County, cannot overturn his conviction on the ground that police did not advise ...

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Domestic Relations – Equitable Distribution – Marital Residence (access required)

Although husband and wife both claimed a greater-than-50-percent share of the marital home, the evidence supports the trial court decision to divide the equity in the home in half, the Court of Appeals says. Each spouse argued for a greater ...

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