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Monthly Archives: December 2008

Criminal – Speedy Trial Act – Waiver (access required)

Two burglary defendants waived their right to a preliminary hearing, and even assuming the continuous custody of both defendants, they were in custody only 126 days prior to their trial date, and the Roanoke County Circuit Court denies their motions ...

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Creditor’s Rights – Hospital Bill – Limitations – Open Account (access required)

A hospital-drafted contract that provided a woman’s bill for medical services was “payable in full” in 90 days following discharge was not an “open account,” and the hospital’s suit on the debt is barred under the five-year statute of limitations, ...

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Criminal – Murder – Insanity Defense (access required)

A defendant’s first-degree murder and related convictions are affirmed by the Court of Appeals, despite defendant’s claim that the trial court erred in granting the commonwealth’s motion in limine to exclude any reference by defense counsel to the consequences of ...

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Search & Seizure – Drug Possession – Plain View (access required)

A police officer responding to a domestic disturbance, who went to talk to a tenant in the home as a possible witness to the disturbance, did not violate defendant tenant’s Fourth Amendment rights when he entered defendant’s room with the ...

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Search & Seizure – Probable Cause – Cybertip – Probable Cause (access required)

The Court of Appeals upholds an order suppressing evidence resulting from a search of defendant’s residence where the search warrant was issued in 2005 based on a 2003 cybertip about downloading of child pornography; we disagree with the commonwealth’s argument ...

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Domestic Relations – Mortgage Payments – PSA – Spousal Support – Cohabitation (access required)

The en banc Court of Appeals reverses a trial court order terminating husband’s obligation under the parties’ property settlement agreement to make mortgage payments on the former marital residence, upon finding wife was cohabiting under Va. Code § 20-109(A). The ...

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Criminal – Detainers – IAD – ‘Anti-Shuttling’ Provision – Reprosecution (access required)

An Abingdon U.S. District Court denies defendant’s motion to dismiss charges against him after the court’s earlier decision to dismiss a federal drug charge against a defendant because his transfer between state and federal court violated the “anti-shuttling” provision of ...

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Criminal – Felon In Possession – Brady Disclosure – Property Claim Form (access required)

A Lynchburg U.S. District Court says a defendant convicted of possession of a firearm as a convicted felon cannot overturn his conviction by claiming the prosecution violated Brady v. Maryland by failing to disclose material, exculpatory evidence to the defense ...

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Criminal – Sentence Reduction – Drug Defendant (access required)

A Charlottesville U.S. District Court grants a drug defendant’s motion to reduce his sentence from 135 months to 120 months, over the government’s objections relating to pre-sentence conduct that was accounted for in the original sentence. Defendant was one of ...

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Employment – College Teacher – FLSA – Equal Pay Act (access required)

A former faculty member at Mountain Empire Community College who faced criticism in his performance as administrator of a grant to develop web-based distance learning resources for the college and who applied for a copyright for a related website, despite ...

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