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Daily Archives: April 27, 2009

Search & Seizure – Auto Stop – Marijuana Odor – Cocaine Possession (access required)

Where police stopped defendant after detecting a strong odor of marijuana coming from his SUV when stopped at a traffic light, the cocaine subsequently discovered in defendant’s sock during a pat-down need not be suppressed at trial, the Court of ...

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Criminal – Document Forgery – Legal Efficacy – Intent (access required)

A woman who was removed from a Billy Joel concert for medical attention by a sheriff who took her to a local hospital can be convicted of forging a document for signing her hospital discharge form with her best friend’s ...

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Workers’ Comp – Limitations – Prejudice To Claimant – Proper Standard (access required)

The Court of Appeals reverses the commission’s decision that this comp claim, for a fall in a packing plant’s “bacon room,” is barred by the two-year statute of limitations in Va. Code § 65.2-601, because the commission applied the wrong ...

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Criminal – Officer Assault – ABC Agent (access required)

A special agent with the Virginia Department of Alcoholic Beverage Control is not a “law enforcement officer” for purposes of the felony assault statute, and the Court of Appeals reverses defendant’s conviction under Va. Code § 18.2-57(C) and remands for ...

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Attorneys – License Revocation – Frivolous Position (access required)

Where a lawyer whose license was suspended persisted in the frivolous contention that he was not required to support his children because his ex-wife had sole legal custody, the Virginia Supreme Court, by published order, affirms the order revoking the ...

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Domestic Relations – Protective Order – Post-Order Contact (access required)

The Virginia Supreme Court, in a four-to-three decision, holds that a man subject to a protective order directing that he have no contact with the protectee did not violate that order when he made himself visible a block away from ...

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Civil Rights – Commerce Clause – Economic Protectionism (access required)

A statute that provides for a coal plant that “utilizes Virginia coal” does not violate the Commerce Clause limitation on state economic protectionism, the Virginia Supreme Court holds. The doctrine of the “dormant” Commerce Clause is intended to prevent the ...

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Contracts – Public Contracts – Delay Damages (access required)

A statute that prevents government bodies from limiting damages in public contracts for delays caused by the government renders void limitations on damages in a public contract for construction work at Virginia Military Institute, the Virginia Supreme Court holds. The ...

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Civil Procedure – Juror Bias – Opinion About Lawyer (access required)

The Virginia Supreme Court holds the circuit court erred in denying a mistrial where a juror indicated that his life experiences caused him to question the reliability of counsel for one of the parties. In opening statements, counsel for the ...

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Municipal – Taxation – Contractor Work Outside of City (access required)

A city cannot impose business taxes on the gross receipts of a contractor for work done in other localities in which the contractor has a definite place of business, despite not being taxed by those other localities, the Virginia Supreme ...

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