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Monthly Archives: June 2009

Daughter of chief justice convicted of shoplifting (access required)

A retired judge has convicted the daughter of Virginia Chief Justice Leroy Rountree Hassell Sr. of shoplifting and imposed a suspended jail term of 30 days. Joanna L. Hassell, 18 and a student at the University of Virginia, was stopped ...

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Full 4th Circuit upholds Virginia’s partial-birth statute (access required)

A sharply divided 4th U.S. Circuit Court of Appeals upheld the constitutionality of Virginia’s partial-birth abortion law last Wednesday. The 6-5 majority rejected the contention of the Richmond Medical Center for Women and a Richmond obstetrician that the act is ...

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Patient not notified of suspicious chest X-ray – $900,000 Settlement (access required)

The decedent was a business executive who maintained a healthy lifestyle and did not smoke cigarettes. He was married with two adult children, one of whom waived her interests under the Wrongful Death Act as a statutory beneficiary. The decedent ...

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Search & Seizure – Invalid Warrant – Affidavit Specificity (access required)

An affidavit stating that a woman had observed her boyfriend “with other stolen property in his possession” lacked necessary specific detail such as when the conduct took place or what items she had observed, and a Norfolk Circuit Court suppresses ...

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Negligence – FELA – Wrongful Death – Release (access required)

The estate of a railroad worker who settled his 1996 asbestosis suit against defendant railroad for $6,500 is not barred under federal railroad law or the terms of his earlier release from now suing the railroad under the Federal Employers ...

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Domestic Relations – Custody – Childhood Vaccinations – Medical Decisions (access required)

Although parents had joint legal custody of their three-year-old daughter, a Fairfax Circuit Court awards mother sole authority over health and medical decisions for the child, including a right to assert the religious exemption to mandatory childhood immunizations in Va. ...

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Traffic Offenses – Driving Under Suspension – Jury Instruction (access required)

The Court of Appeals reverses a defendant’s conviction for driving under suspension in violation of Va. Code § 46.2-301, as the trial court erred in not granting defendant’s instruction that he drove within the conditions of a valid restricted operator’s ...

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Traffic Offenses – DUI – Traffic Checkpoint (access required)

The Court of Appeals overturns a trial court’s suppression order, as the trial court erred in ruling that the police traffic checkpoint was faulty because the patrol supervisor had too much discretion. In this case, the patrol supervisor first selected ...

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Domestic Relations – Visitation – GAL Fees (access required)

A father cannot overturn a trial court decision that considered a report from a guardian ad litem and ordered father to pay $5,000 of mother’s attorney’s fees and to pay the GAL fees, and the Court of Appeals summarily affirms ...

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