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Monthly Archives: November 2008

Criminal – Felon In Possession – Rifle In Vehicle (access required)

Although defendant claimed he was only driving a Chevy Blazer that belonged to another person, and he did not possess the .22 caliber rifle, borrowed in order to teach defendant’s seven-year-old son to shoot, found in the Blazer, the Court ...

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Criminal – Embezzlement – Double Jeopardy (access required)

A defendant indicted in both Russell County and Tazewell County on charges of embezzling money from her employer, Community Health Clinic, which operated medical clinics in both counties, was not subjected to double jeopardy when she was prosecuted on the ...

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Workers’ Comp – Permanent Disability – RSD – Videotape (access required)

Although a videotape undercut an employee’s claim of the extent of her permanent disability from reflex sympathetic dystrophy, she nevertheless presented sufficient proof, including medical evidence from her treating physician and another expert, to support her claim of permanent disability ...

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Search & Seizure – Nervous Behavior – Weapons Frisk (access required)

A defendant conceded that his initial encounter with an officer in a motel parking lot was consensual, and his nervous behavior and attempt to walk away quickly allowed the officer, who was responding to a “narcotics in progress” call, to ...

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Criminal – Assault By Mob – Criminal Street Gang – Summer Party (access required)

Testimony from persons in attendance at an end-of-summer party without about 400 people and alcohol, held at a large farm, and expert testimony from a police gang expert on the meaning of dress and conduct of some persons attending the ...

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Criminal – Attempted Child Rape – Investigator Opinion (access required)

Assuming without deciding that the trial court erred in allowing the prosecutor to ask an investigating police officer if she thought defendant’s nine-year-old niece was lying when she described defendant’s attempt to rape her, any such error was harmless, the ...

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Criminal – Custody – Abduction Conviction – Jurisdiction (access required)

A trial court did not have subject matter jurisdiction to impose an order requiring a mother not to take any action to seek custody or visitation of her daughter through any court, any jurisdiction or country, and the Court of ...

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Cause of ruptured disk disputed in rear-ender – $220,000 Settlement (access required)

On Nov. 8, 2005, 46-year-old Douglas Rasnick was traveling south on Interstate 95 and slowing for traffic ahead when his van was struck in the rear by a box truck operated by defendant Martinez. The two vehicles sustained minor property ...

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Criminal – Statutory Burglary – Grand Larceny (access required)

The Court of Appeals affirms defendant’s conviction for all four of the burglaries that occurred over a nine-hour period within a 20-mile area of rural Southampton County, although defendant contends the evidence only shows that he was present for two ...

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