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Monthly Archives: May 2009

Contract – Residential Projects – Site Work – Permit Delay (access required)

A home builder under contract with a developer to purchase lots in multiple subdivisions after the developer did site work, but who got cold feet after a market downturn, cannot assert the developer’s delay in getting certain wetlands and storm ...

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Criminal – Carnal Knowledge – Penetration Evidence (access required)

There was sufficient evidence to convict defendant of carnal knowledge of a minor under Va. Code §18.2-63, the Court of Appeals says, based on the 14-year-old victim’s testimony that she had “sex” with defendant during the time period alleged in ...

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Traffic Offenses – DUI – Prior Conviction – Counsel Waiver (access required)

There was sufficient evidence that defendant was represented by counsel at her prior DUI prosecution based on record evidence of an order appointing counsel and counsel’s submission of a request for compensation, and the Court of Appeals upholds defendant’s conviction ...

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Criminal – Child Rape – Variations In Testimony (access required)

Although the 10-year-old girl’s testimony at trial differed slightly from what she told investigators about her uncle, who was babysitting her and a cousin, climbing on top of her in bed and having sexual intercourse with her, the discrepancies concerned ...

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Criminal – Credit Card Theft – Fraud – Husband’s Testimony (access required)

At a woman’s prosecution for credit card theft and fraud for opening a charge account in her husband’s name, without his permission, defendant may not pursue her claim that the trial court erred in refusing to allow cross-examination of husband ...

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Domestic Relations – Termination Of Parental Rights – Transcript (access required)

Although father maintains he preserved his argument below in a motion to strike, the record on appeal does not contain a transcript or written statement of facts, which is indispensable to determination of the question whether there was sufficient evidence ...

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Domestic Relations – Equitable Distribution – Gifts From Husband (access required)

Although a parcel of real estate in Onancock and an investment account were jointly titled, and wife’s testimony showed that she had access and use of these assets, her testimony did not provide clear and convincing evidence that the real ...

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Traffic Offenses – HO Order – Apartment Complex Seizure (access required)

Police employed as private security officers at an apartment complex did not illegally seize defendant when they escorted him to the complex office to complete paperwork barring him from the premises, and while running a warrant check, discovered that his ...

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