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Daily Archives: April 27, 2009

VSB Disciplinary Actions (access required)

On April 14, the Virginia State Bar Disciplinary Board revoked the law license of Kristina Marie Cardwell of Virginia Beach. She pleaded guilty on Dec. 4, 2008, to wire fraud in U.S. District Court for the Eastern District of Virginia. ...

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Criminal – Murder – Malicious Wounding – Firearm Charges (access required)

The Court of Appeals affirms defendant’s conviction of second-degree murder, malicious wounding and related firearms charges, despite his claims that 1) the testimony of his grandfather, about defendant shooting the grandfather and his friend and then shooting himself, was inherently ...

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Search & Seizure – Residence Search – Footlocker In Bedroom (access required)

Police did not violate defendant’s Fourth Amendment rights when they searched a footlocker to which defendant had the key after defendant gave consent for search of his mother’s house, and the Court of Appeals upholds defendant’s conviction for possession of ...

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Domestic Relations – Attorney’s Fees – Husband’s Dental Practice (access required)

In light of evidence of wife’s mismanagement and fraud with respect to husband’s dental practice, and husband’s desertion, the Court of Appeals says the trial court did not err in denying wife attorney’s fees even though it also awarded her ...

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Domestic Relations – Spousal Support – Defined Duration (access required)

The Court of Appeals summarily affirms a trial court’s award of six years of spousal support for wife, despite her claim that she had a limited employment history because she had stayed home to care for and home-school the parties’ ...

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Domestic Relations – Promissory Note – Default (access required)

Although wife claims husband is in default on a $32,450 promissory note given by husband to wife’s mother and then assigned to wife, the Court of Appeals says the trial court did not err in holding that wife did not ...

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Domestic Relations – Custody Hearing – Notice (access required)

A trial court did not err in failing to dismiss a JDR court final custody order on the ground that the JDR court had no jurisdiction because the father had no notice of the initial custody hearing, the Court of ...

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Criminal – Second-Degree Murder – Brady Violation (access required)

In defendant’s prosecution for second-degree murder, the commonwealth’s failure to disclose details supporting its assertion during opening statement that it had “moved” a neighbor who observed defendant with the victim “out of the jurisdiction” was not a Brady violation and ...

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Criminal – Malicious Wounding – Jury Instruction – Heat Of Passion (access required)

The Court of Appeals reverses defendant’s conviction for malicious wounding because the trial court erred in refusing to grant his proposed jury instruction on the heat of passion. Defendant struck a teenager during an altercation at a party at the ...

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Search & Seizure – Trespass – Public Housing (access required)

A defendant who provided a false name that did not allow police to verify whether he was on the banned list for a posted public housing project in Richmond could be arrested for trespass, and the cocaine found in his ...

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