Criminal – Habeas Corpus – Brady Violation
By Deborah Elkins
Published: December 31, 2008
The en banc 4th U.S. Circuit Court of Appeals affirms a North Carolina defendant’s capital conviction and death sentence for the murder of a woman he picked up at a night club, despite defendant’s claim that the state violated Brady v. Maryland by failing to provide the defense with documents related to an investigation of [...]
Insurance – Resident of Same Household – Temporary Guest
By Paul Fletcher
Published: December 30, 2008
A man who temporarily stayed at his parents’ house while waiting to move into a friend’s house, sleeping on the floor of their computer room and bringing no belongings or furniture, was only a temporary guest and not a “resident relative” entitled to coverage under their insurance policy, rules a Chesterfield County Circuit judge.
Farmers Insurance [...]
Civil Procedure – Removal Jurisdiction – Joined Defendant – Counterclaim
By Deborah Elkins
Published: December 29, 2008
In this case of first impression involving a suit to collect $794 in unpaid cell phone service contract charges, the 4th Circuit holds that a party joined as a defendant to a counterclaim may not remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act [...]
I, the Juror: A very, very short tour of (jury) duty
By Sarah Rodriguez
Published: December 29, 2008
I’m not exactly sure what the odds of being selected for jury duty are in one’s lifetime. I know people twice my age who never have been called, yet I’ve been called twice now in the eight years I’ve been eligible – for both state and federal court.
It seems that after going through all the [...]
Dueling Web sites: Surnames the same, domain names… only an “L” apart
By Deborah Elkins
Published: December 29, 2008
Lawyers who have Web sites typically take a tip from Marketing 101: create a domain name that uses your product name. And for a lawyer, that usually involves the attorney’s own personal name.
In Northern Virginia, two lawyers with the same surname developed dueling Web sites to market their separate specialties. H. Jay Spiegel, who specializes [...]
Low-income parents would get break on garnishments
By Peter Vieth
Published: December 29, 2008
Low-income parents of dependent children would get a break in garnishment proceedings under a bill introduced for the 2009 Virginia General Assembly session.
House Bill 1668 would offer garnishment exemptions, starting with $51 a week for one child, for parents of children where the household gross income does not exceed $4,000 per month.
Del. Terry G. Kilgore, [...]
Episcopal Diocese hires Howard, planning appeal
By Peter Vieth
Published: December 29, 2008
The Episcopal Diocese of Virginia is beefing up its legal team in preparation for appeal of a series of court decisions that left the diocese without title to millions of dollars worth of church property.
Fairfax Circuit Judge Randy I. Bellows issued final rulings this month that allow conservative breakaway congregations to keep their church buildings [...]
Henry County mulls possible noisy dog rules
By News in Brief
Published: December 29, 2008
MARTINSVILLE–Fido’s late night barking could land him in hot water under proposals being considered by Henry County officials, including one that could see noisy dogs euthanized.
The county Board of Supervisors will consider two proposed ordinances at its meeting earlier this month, one of which would declare persistently noisy animals a public nuisance.
Under that proposal, a [...]
Virginia AG proposes election-related legislation
By News in Brief
Published: December 29, 2008
Attorney General Bob McDonnell is backing legislation to streamline the voting process, standardize guidelines to determine voter residence, and ensure that all ballots are properly counted.
McDonnell on Dec. 16 outlined eight voting-related proposals to be considered in the upcoming General Assembly session. Many of the measures are a response to problems that arose in last [...]
Biotech company fined for polluting Va. waterway
By News in Brief
Published: December 29, 2008
ROANOKE—A Danish biotechnology company responsible for a kill of nearly 6,700 fish in a Roanoke River tributary pleaded guilty Dec. 18 to a federal charge of discharging hazardous waste.
U.S. District Judge Samuel Wilson ordered Novozymes Biologicals Inc. to pay a $275,000 fine for the violation of the Clean Water Act. Under a plea agreement, the [...]
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