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Uranium mining is topic of Chatham public meeting

By News in Brief
Published: January 12, 2009

CHATHAM—Both supporters and opponents of uranium mining urged a state commission last week to focus on safety in its study of the impact of extracting the radioactive substance from the rolling hills of Pittsylvania County.
Some 450 people packed the Chatham High School auditorium to discuss what should be included in a study of the impact [...]

Criminal – Meth Distribution – Sufficiency (access required)

By Deborah Elkins
Published: January 12, 2009

A confidential informant who was known to defendant since childhood and who made an undercover purchase of methamphetamine from defendant provided sufficient evidence to convict him of methamphetamine possession and distribution, the Court of Appeals says.
Defendant’s occupancy of the trailer where the purchase occurred and proximity to the methamphetamine, combined with other considerations, demonstrate his [...]

Norfolk woman who was Tasered files suit

By News in Brief
Published: January 12, 2009

NORFOLK—A woman who was zapped by a Norfolk police officer’s Taser is suing him for $5 million.
Pamela Brown filed her lawsuit last week in Norfolk Circuit Court. Brown alleges that Officer Nicholas Parks violated her civil rights and used excessive force when he used the electrical device to subdue her in October. Parks had responded [...]

Criminal – Prior Conviction Document – Sentencing Information (access required)

By Deborah Elkins
Published: January 12, 2009

At defendant’s trial for third or subsequent offense petty larceny, the trial court did not err in admitting a document showing a prior conviction for larceny during the guilt phase of the trial that contained sentencing information, and the Court of Appeals affirms defendant’s larceny conviction.
Defendant’s objection to the document was sustained. The court agreed [...]

Kaine to seek smoking ban from 2009 Assembly

By News in Brief
Published: January 12, 2009

ARLINGTON—Virginia Gov. Tim Kaine, entering his final year in office, is making a third try to enact a smoking ban in the state’s bars and restaurants.
He supported similar bills in 2007 and 2008 but the General Assembly rejected them.
This year, he believes momentum is on his side. At a news conference last week at a [...]

Domestic Relations – Child Support Orders – Notice (access required)

By Deborah Elkins
Published: January 12, 2009

The Court of Appeals summarily affirms a trial court order dismissing and/or denying this appeal of several orders from JDR court and denying and dismissing other motions related to child support.
Appellant contends he was denied due process because he did not receive notice of any child support obligation or court proceeding to establish a child [...]

While Fishwick nixes run for AG nomination

By News in Brief
Published: January 12, 2009

While the field grows in the race for governor, the field has narrowed by one in the contest for Virginia attorney general.
Roanoke lawyer John P. Fishwick Jr. announced last week he will not run for the Democratic AG nomination.
Fishwick’s decision not to campaign apparently secures the Democratic nomination for Del. Steve Shannon of Fairfax.
Three Republicans [...]

Search & Seizure – Vehicle Search – Consent (access required)

By Deborah Elkins
Published: January 12, 2009

Although defendant contends his “consent” to search his vehicle was not voluntary because he was coerced with a “meritless claim of authority,” the trial court disagreed and concluded that the deputy had reasonable suspicion to believe defendant was engaged in criminal activity, based on an anonymous tip and the fact that defendant was a known [...]

Criminal – Cocaine Possession – Venue (access required)

By Deborah Elkins
Published: January 12, 2009

Although defendant presented at trial a map showing that parts of some runways and roads at Dulles International Airport are in Fairfax County, this evidence was insufficient to demonstrate that venue in Loudoun County was improper for defendant’s charge of possession of cocaine discovered in the wallet he lost at the airport and claimed at [...]

McAuliffe joins race for Demo nod for governor…

By News in Brief
Published: January 12, 2009

Former Democratic National Chairman Terry McAuliffe is finally a full-fledged candidate for governor of Virginia.
McAuliffe began a weeklong, 16-stop kickoff tour around the state last week in Norfolk, making the bleak economy his campaign focus, stressing his business credentials and pledging a pragmatic, nonpartisan approach to developing jobs.
The announcement sets up a three-way primary fight [...]

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