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Monthly Archives: March 2009

Civil Procedure – Auto Accident – Limitations – Ohio Suit (access required)

An auto accident plaintiff timely filed a suit arising from an accident on I-95 in Hanover County when he filed it originally in an Ohio state court one day before expiration of the applicable Virginia statute of limitations, a Hanover ...

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Real Estate – Quiet Title Action – First Refusal Right (access required)

Plaintiffs are not entitled to quiet title in a Richmond City property because, even if there is a cloud on the title, plaintiffs did not properly invoke the right of first refusal agreement so that a Richmond Circuit Court could ...

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Civil Procedure – Venue – Auto Accident (access required)

A Richmond Circuit Court denies a motion to transfer venue in this litigation arising from an auto accident in Henrico County involving plaintiff and defendant, who lived in Henrico County at the time of the accident, but who was a ...

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Municipal – Historic District Designation – Constitutional Challenge – Speech & Debate Clause (access required)

A Fairfax Circuit Court dismisses petitions filed by owners of six properties challenging the manner in which the Town of Vienna established the Windover Heights Historic District in Vienna, as “inconsistent with statutory and constitutional law.” Each of the six ...

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Criminal – Attorneys – Conflict Of Interest (access required)

The Court of Appeals says the trial court had no duty to inquiry about an actual conflict of interest defendant had with his attorney, based on defendant’s assertion that he had written a letter to the Virginia Bar Association to ...

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Criminal – Assault On Officer – Hepatitis C – Blood Smear (access required)

A defendant who suffered from hepatitis C and who made an incision on his palm and then approached a police officer to shake hands, covering the officer’s palm with blood, can be convicted of assault on a law enforcement officer ...

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Criminal – Cocaine Possession – Personal Use (access required)

The Court of Appeals upholds a conviction for possession of cocaine with intent to distribute, based on expert testimony from a police officer that the 3.326 grams of crack cocaine found in defendant’s pants pocket after he was arrested on ...

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Criminal – Speedy Trial – Timely Objection (access required)

Defendant failed to make a timely objection to his trial date and cannot pursue a claim that for violation of his statutory speedy trial rights, the Court of Appeals says in affirming defendant’s convictions of second-degree murder and use of ...

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