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Monthly Archives: March 2009

Criminal – Appeals – Rule 5A:18 – No Contest Plea (access required)

A defendant charged with obtaining money by false pretenses did not preserve his claim that his plea of no contest was not entered voluntarily, intelligently and knowingly, and the Court of Appeals finds no miscarriage of justice in declining to ...

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Traffic Offenses – Involuntary Manslaughter – Motorcycle Passenger (access required)

Although defendant contends the passenger on his motorcycle was killed when an unidentified vehicle turned illegally in front of him and the passenger failed to hold onto him because she was intoxicated, there was evidence defendant also had a blood ...

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Criminal – Grand Larceny – Scrap Metal (access required)

The Court of Appeals reverses defendant’s conviction of grand larceny of scrap metal where the evidence does not show that the scrap metal in the vehicle in which he was a passenger was the same scrap metal that had been ...

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Domestic Relations – Equitable Distribution – Custody (access required)

A divorce court did not abuse its discretion in awarding custody of the parties’ five-year-old daughter to wife, even though husband got custody of the two older children, the Court of Appeals says. In awarding wife $800 in monthly child ...

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Criminal – Murder – Jury Instruction – Felony Homicide Definition (access required)

A defendant convicted of second-degree murder loses his case in the Court of Appeals claiming the trial court erred in granting a jury instruction that incorrectly defined felony homicide and allowed the jury to convict him of a “non-offense.” There ...

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Domestic Relations – Spousal Support Increase – Imputed Income (access required)

A divorce court was not plainly wrong in imputing to wife, who had been a full-time homemaker, monthly income of $500 and the decision to increase wife’s monthly spousal support from $4,000 to $5,000 is affirmed by the Court of ...

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Domestic Relations – Equitable Distribution – Marital Residence (access required)

The Court of Appeals affirms an equitable distribution award that gave wife the marital home that was purchased with a $9,000 down payment from wife’s separate property and on which wife continued to make mortgage payments. Wife was the only ...

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Search & Seizure – Cocaine In Bookbag – Traffic Stop (access required)

The Court of Appeals police officer who stopped a vehicle with several occupants for defective brake lights and discovered the driver had a suspended license and both passengers had been drinking, did not violate a passenger’s Fourth Amendment rights by, ...

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Traffic Offenses – DUI – Implied Consent Statute – Voluntary Test (access required)

A defendant who appeared intoxicated at a single-vehicle accident on a private road, and who volunteered to take a breathalyzer test, loses his argument that the certificate of analysis was inadmissible under Va. Code § 18.2-268.2(A) because he was not ...

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