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Monthly Archives: July 2009

Criminal – Discovery – Videotaped Drug Buys (access required)

A defendant charged with cocaine distribution wins discovery of an audiovisual recording of undercover drug buys by informants from defendant, which defendant and his lawyer may view, but not copy, says a Sussex County Circuit Court. Defendant asks for copies ...

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Workers’ Comp – Knee & Hand Injury – Employer Hearing Application (access required)

The Court of Appeals reverses the commission’s denial of employer’s application for a hearing on the question of whether to suspend benefits previously awarded to employee pursuant to the parties’ agreement to pay benefits for his work-related injury to his ...

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Negligence – Parent Host – Teenage Driver – Assumption Of Duty (access required)

A parent who allegedly heard the dad of her daughter’s 14-year-old friend expressly say, “No boys with cars,” must face a wrongful death claim filed by the girl’s estate, the Supreme Court of Virginia said; the high court reverses a ...

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Tort – Corporate Espionage – Government Contractor – Trade Secret (access required)

A small government contractor that derailed a $165 million computer contract with its “size protest” against a competitor’s bid can respond to the competitor’s trade secret suit and alleged wish to “crucify” and “punish” the small contractor with counterclaims for ...

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Antitrust – Md. Liquor Control – Price-Fixing (access required)

In this long-running antitrust suit challenging Maryland’s liquor and wine regulatory scheme, the 4th Circuit affirms the district court holding that the state’s regulatory scheme is preempted by the Sherman Act. This long-running antitrust suit is on appeal for the ...

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Criminal -Habeas – Double Jeopardy – Manifest Necessity – Discovery Of Body (access required)

The 4th Circuit says a defendant cannot overturn his conviction for the murder of his stepfather by claiming that declaration of a mid-trial mistrial when the stepfather’s body was discovered meant that his retrial violated the constitutional prohibition against double ...

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Criminal – Weapons Possession – Justification Defense (access required)

The 4th Circuit reverses a defendant’s firearm possession conviction, as the North Carolina trial court erred in holding that defendant failed to present sufficient evidence to warrant a justification jury instruction, and the 4th Circuit has clarified that a justification ...

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Gov. candidates would reinstate judicial evaluations

Both Republican Bob McDonnell and Democrat Creigh Deeds apparently would restore the moribund program that gave lawyers, jurors, and citizens a voice in Virginia’s judicial selection process. At the initial debate between the two candidates for governor, both endorsed a ...

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Virginia’s next governor will be a fast talker

 No disrespect intended, but the first impression from the gubernatorial debate today is that both Bob McDonnell and Creigh Deeds are a couple of motormouths. The debate format — like most — offers strictly-timed windows for comments from the candidates.  ...

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Restitution bill aimed for special session

Sen. Ken Stolle hopes the General Assembly next month will consider approving restitution for a man wrongly imprisoned for 22 years. Arthur Whitfield, released from prison almost five years ago, has since struggled with health issues, employment and finances. According ...

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