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Monthly Archives: April 2009

Real Estate – Disclosure – ‘Protection Area’ Designation (access required)

In a buyer’s lawsuit alleging she was not informed that the residential property in Vienna she was buying for construction of a “new, upscale home” was subject to restrictions because it was in a designated Resource Protection Area, a Fairfax ...

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Real Estate – Fraud – Disclosure – ‘Protection Area’ Designation (access required)

In a buyer’s lawsuit alleging she was not informed that the residential property in Vienna she was buying for construction of a “new, upscale home” was subject to restrictions because it was in a designated Resource Protection Area, the buyer’s ...

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Medical Malpractice – Expert Witness Certification – Discovery (access required)

A med-mal defendant may not discover any certifying opinion of the expert who certified plaintiff’s case under Va. Code § 8.01-20.1, even though the physician will testify at trial as a designated expert. The court makes two findings. First, the ...

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Real Estate – Repurchase Right – Housing Authority Suit (access required)

A county housing authority may sue to enforce a covenant regarding its right to repurchase certain residential property it made available to income-eligible buyers at below-market prices, because the housing authority’s right to repurchase “touches and concerns the land,” a ...

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Tort – Defamation – Public Official – Navy PR Officer (access required)

A Norfolk Circuit Court holds that plaintiff, a Navy lieutenant commander and public affairs officer for an aircraft carrier, is a “public official” who must show actual malice to sue The Virginian-Pilot for defamation based on an editorial that cited ...

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Criminal – Felon In Possession – Defendant’s Statements (access required)

A trial court did not err in refusing to suppress defendant’s response to an officer’s question about whether the gun he threw during a police chase was loaded, and defendant’s conviction of possession of a firearm as a convicted felony ...

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Criminal – Petit Larceny – Sentencing – Prior Conviction (access required)

The Court of Appeals upholds defendant’s five-year sentence on a conviction for petit larceny, despite defendant’s claim that the sentencing proceeding was flawed because the trial court admitted a 1995 North Carolina conviction order without redacting a statement therein that ...

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Criminal – Attempted Capital Murder – Police Car Ramming – Scuba Knife (access required)

The Court of Appeals affirms defendant’s conviction of attempted capital murder, but reverses his conviction for possession of a concealed weapon as a convicted felon, because the scuba knife defendant possessed is neither one of the items enumerated in Va. ...

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Criminal – Heroin Possession – Drug Court Termination (access required)

The Court of Appeals upholds lower court orders that terminated defendant’s participation in the Rappahannock Area Regional Drug Treatment Court and defendant’s incarceration, after defendant received sanctions for his violation of drug court rules for all but two months of ...

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Criminal – Statutory Burglary – Indictment Amendment (access required)

Although defendant claimed an indictment change in the ownership of the dwelling house he was accused of entering prejudiced his defense by impairing his ability to impeach, the trial court did not err in denying a continuance and defendant’s conviction ...

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