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Monthly Archives: April 2009

Domestic Relations – Custody Hearing – Notice (access required)

A trial court did not err in failing to dismiss a JDR court final custody order on the ground that the JDR court had no jurisdiction because the father had no notice of the initial custody hearing, the Court of ...

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Criminal – Second-Degree Murder – Brady Violation (access required)

In defendant’s prosecution for second-degree murder, the commonwealth’s failure to disclose details supporting its assertion during opening statement that it had “moved” a neighbor who observed defendant with the victim “out of the jurisdiction” was not a Brady violation and ...

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Criminal – Malicious Wounding – Jury Instruction – Heat Of Passion (access required)

The Court of Appeals reverses defendant’s conviction for malicious wounding because the trial court erred in refusing to grant his proposed jury instruction on the heat of passion. Defendant struck a teenager during an altercation at a party at the ...

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Search & Seizure – Trespass – Public Housing (access required)

A defendant who provided a false name that did not allow police to verify whether he was on the banned list for a posted public housing project in Richmond could be arrested for trespass, and the cocaine found in his ...

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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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