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Daily Archives: April 27, 2009

Insurance – UIM Coverage – Garage Policy (access required)

In this appeal, the Virginia Supreme Court says a circuit court erred in determining that a customer who was injured while test driving an automobile dealership’s motor vehicle was not entitled to underinsured motorist coverage under the automobile dealership’s garage ...

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Criminal – Double Jeopardy – Aggravated Manslaughter – Felony Homicide (access required)

The Virginia Supreme Court holds that separate convictions and punishments for aggravated involuntary manslaughter and felony homicide arising from the same killing did not expose the defendant to double jeopardy. Payne contends that the trial court erred in convicting her ...

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Wills & Trusts – Validity of Wills – Collateral Attack (access required)

The Virginia Supreme Court holds a circuit court properly refused to dismiss an appeal of a clerk’s probate order even though the appealing party was advancing a different will than one she earlier submitted for probate. The children argue that ...

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Criminal – Invited Error – Assault On Officer (access required)

The Virginia Supreme Court, in a four-to-three decision, affirms a defendant’s conviction of assault and battery of a police officer despite being indicted for attempted capital murder of the officer because the defendant invited the error of conviction of a ...

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Administrative – Driver Training – Civil Penalty (access required)

A commercial driver training school was properly penalized by the Department of Motor Vehicles (DMV) for allowing an unlicensed instructor to conduct a driver training class, according to the Virginia Supreme Court. In this appeal we consider whether the Court ...

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Domestic Relations – Custody – Presumption For Natural Parent (access required)

Where the sister of the child’s deceased mother provided the child a very good home, and the father of the child provided no home or support whatsoever during the child’s formative years, the evidence rebuts the presumption favoring custody by ...

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Municipal – Constitutional – Noise Ordinance – Vagueness (access required)

A municipal noise ordinance that depends for enforcement on the subjective perceptions and sensibilities of the listener is unconstitutional because its language is impermissibly vague, the Virginia Supreme Court says. The ordinance before us prohibits any “unreasonably loud, disturbing and ...

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