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Monthly Archives: April 2009

High school football star gets dismissal of felony convictions

Amherst County Circuit Judge Michael Gamble agreed to dismiss felony drug convictions against promising quarterback Peter Rose. Rose, who was found guilty in a trial earlier this year of two misdemeanor charges and two felony charges of selling drugs to ...

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Medical Malpractice – Expert Witness Certification – Discovery

A med-mal defendant may not discover the identity of the expert who certified plaintiff’s case under Va. Code § 8.01-20.1, even though that expert also will testify at trial as a designated expert. Grimaldi v. Burgess (Fairfax Cir.Ct.) (VLW 009-8-065) ...

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Moonshiners looking for relief from jury verdicts

U.S. District Judge James Turk said he was inclined to set aside some of the guilty verdicts against a woman convicted of money laundering in a major moonshine prosecution. Phillip Lingafelt, the attorney for defendant Margaret Smith, argued that the ...

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Detective claims conspiracy to wreck his career

An Henrico County police officer is suing his bosses and the Commonwealth’s Attorney over his demotion at the police department. Demoted narcotics investigator William G. “Trip” Hueston III seeks $1.06 million in damages, claiming that Henrico Police Chief Henry W. ...

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Tort – Defamation – Public Official – Navy PR Officer

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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Drug court defendant’s MySpace bust

A drug court defendant has been bounced from the program for breaking rules, including MySpace postings that joked about drug and alcohol abuse. Charged in Spotsylvania County with possession of heroin and marijuana, defendant Judson Jeffrey Harris pleaded guilty in ...

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Melvin appointed to Portsmouth bench

Gov. Tim Kaine appointed retiring Del. Ken Melvin, D-Portsmouth, today to the Portsmouth Circuit Court effective May 1. The appointment had been expected after the 12-term legislator announced his retirement earlier this year. Melvin, 56, is a sole practitioners specializing ...

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Attorneys – Rule 11 Sanctions – Oral Statement

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 Federal Register publication date did not warrant sanctions, nor did her oral ...

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$7.5 million awarded in Spotsylvania

A Spotsylvania County Circuit Court jury awarded $7.5 million Friday to the family of a woman who died from breast cancer. William E. Artz of Arlington, the attorney for the family, contended that a family practitioner and a nurse practitioner ...

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Bueller?… Bueller?

How do you follow Chuck Norris as a graduation speaker?  Liberty University this year will go with actor, writer and economist Ben Stein. The former presidential speechwriter — who came to fame in 1986 as Ferris Bueller’s economics teacher — ...

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