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Yearly Archives: 2008

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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Domestic Relations – Protective Order – Record (access required)

The Court of Appeals upholds a circuit court decision that the effective date of a protective order was Nov. 15, 2006, in light of the record that does not contain a transcript or statement of facts. Although the absence of ...

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Machinist suffers tinnitus from horn blast in shop – $900,000 Verdict (access required)

Plaintiff, a 43-year-old Norfolk Southern machinist, sustained an acoustic injury on April 17, 2006, when a locomotive horn was inadvertently blown inside the Shaffer’s Crossing locomotive repair shop in Roanoke. He sustained an acute hearing loss, pain in both ears ...

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Domestic Relations – Grandparent Custody – Abused/Neglected Child (access required)

On remand from the Supreme Court of Virginia of this case deciding that this court erred in its decision reviewing an award of custody of a toddler to her grandparents, the Court of Appeals now withdraws the opinion previously rendered ...

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