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Monthly Archives: April 2009

Criminal – Fifth Amendment – Waiver (access required)

There was sufficient evidence to hold that defendant knowingly and voluntarily waived his right to silence where a police officer testified that although it was 10:30 p.m. when he “went over Miranda” with defendant, defendant appeared alert and indicated verbally ...

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Workers’ Comp – New Treating Doctor – Claimant’s Move – Pain & Depression (access required)

A claimant who continued to suffer from pain and depression after his work-related right-shoulder injury and neck strain, loses his appeal of the commission’s order to change his treating physician, instead of keeping his doctor after claimant moved from Woodbridge ...

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Criminal – Grand Larceny – Uttering Forged Check (access required)

The Court of Appeals upholds defendant’s convictions of grand larceny and uttering a forged check, despite her claim that the commonwealth ignored her evidence and did not prove its case. Defendant and her husband separated in October 2004. After defendant ...

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Workers’ Comp – Post-Injury Work – Unreported Earnings (access required)

The Court of Appeals upholds termination of temporary total disability benefits, and an award of temporary partial disability benefits, to a contract inspector who did not return to his job as a contract inspector, but accepted post-injury light-duty work, without ...

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Domestic Relations – Spousal Support – Change In Circumstance (access required)

The Court of Appeals agrees with husband that a divorce court erred in ruling that a consent decree incorporating an agreement between wife and husband qualified as a “stipulation or contract” under Va. Code § 20-109(C), and the appellate court ...

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Criminal – Military Base – Illegal Entry – Notice (access required)

The 4th Circuit reverses defendant’s conviction for illegally entering Fort Lee, a military installation, in violation of 18 U.S.C. § 1382, because the placing of a sign setting forth entrance requirements, some distance from a public highway on the access ...

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Criminal – Sentencing Enhancement – ‘Found’ Immigrant (access required)

The sentence for a defendant convicted of illegal reentry into the U.S. in violation of 8 U.S.C. § 1326 was improperly enhanced two levels pursuant to § 4A1.1(e) of the federal sentencing guidelines, and the 4th Circuit remands for resentencing. ...

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Attorneys – Sanctions Under Rule 11 – Publication Date Error (access required)

The 4th Circuit reverses sanctions a federal district court ordered sua sponte against a government attorney, because the “isolated, inadvertent error” in a government agency’s identification of a publication date in the Federal Register did not warrant sanctions, nor did ...

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Civil Rights – First Amendment – Police Internal Complaint (access required)

The 4th Circuit says a Baltimore police officer who was disciplined after he released to the press an internal memorandum that had requested investigation of the use of deadly force by Baltimore police against a barricaded suspect has stated a ...

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