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Monthly Archives: February 2009

Search & Seizure – Probable Cause – Cocaine In Lottery Slip (access required)

Police lacked probable cause to arrest defendant for possession of cocaine found on the ground on a folded lottery slip, and the Court of Appeals reverses defendant’s cocaine possession conviction and remands the case. When the police officer encountered defendant ...

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Workers’ Comp – Med-Mal Action – Lien Against Settlement (access required)

The Court of Appeals upholds a commission decision awarding an employer and its insurer a lien against a $1.03 million settlement in claimant’s action against a third party for alleged medical malpractice in her surgical treatment of her work-related cervical ...

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Domestic Relations – Termination Of Parental Rights – Domestic Violence (access required)

The Court of Appeals says a trial court did not err in terminating a mother’s parental rights to her two daughters where the five-year-old daughter contracted gonorrhea from sexual abuse, a third infant daughter was murdered and the children frequently ...

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Domestic Relations – Custody – Mom’s Move Abroad (access required)

A divorce court did not err in awarding joint legal custody and primary physical custody to father after mother expressed a wish to move with the children to the Philippines and her new husband was diagnosed with Avoidant Personality Disorder ...

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Search & Seizure – Traffic Stop – Illegal Muffler – Inevitable Discovery (access required)

Even assuming a police officer violated defendant’s Fourth Amendment rights by searching the contents of a cigarette box the officer saw defendant attempt to move from a front pocket to a back pocket, without probable cause, the Court of Appeals ...

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Ex-Farm Bureau lawyer sentenced to 15 years (access required)

GOOCHLAND—A former lawyer for the Virginia Farm Bureau has been sentenced to a 15-year prison term for stealing $2 million from the organization. At his sentencing Tuesday, 49-year-old Lawrence H. Bidwell was also ordered to pay $2.1 million in restitution ...

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Criminal – Brady Disclosure – Imitation Controlled Substance (access required)

A defendant’s convictions for possession of with intent to distribute an imitation controlled substance and methamphetamine is reversed by the Court of Appeals because the commonwealth did not disclose to defendant before trial two prior incidents where the informant who ...

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Kaine, Howell reach deal on smoking ban (access required)

Gov. Timothy M. Kaine and House Speaker William Howell say they have reached agreement on a smoking ban in Virginia’s bars and restaurants. The legislation will ban smoking in nearly all restaurants, with exceptions for private clubs and restaurants with ...

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Criminal – Felony Murder – Second Degree – Child Abuse (access required)

A defendant’s convictions of second-degree felony murder and felony child abuse are affirmed by the Court of Appeals despite defendant’s claim his statutory speedy trial rights were violated. We agree with the commonwealth that defendant’s statutory speedy trial right under ...

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