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Monthly Archives: August 2009

Traffic Offenses – DUI – ‘Sleep Driving’ – Unconscious State (access required)

Although defendant claims he was unconscious from a combination of medication including Ambien when arrested for drunken driving, the Court of Appeals affirms his DUI conviction. Defendant drove his vehicle into a 20-foot light pole on the I-66 westbound ramp ...

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Criminal – Animal Neglect – Nonsuit (access required)

The Court of Appeals upholds a bench ruling pursuant to Va. Code § 3.1-796.115, that the 20 animals in appellant’s custody were deprived of adequate care, rendering a direct threat to their safety and health. Appellant contends that following the ...

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Domestic Relations – Criminal Contempt – Divorce Testimony (access required)

A trial court that decided husband gave false testimony about whether he denied wife access to the parties’ bank accounts erred in conducting a plenary criminal contempt proceeding without affording husband procedural due process protections, and the Court of Appeals ...

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Criminal – Actual Innocence Writ – Murder (access required)

The Court of Appeals grants a writ of actual innocence to a former Navy SEAL who was convicted of abduction with intent to defile and murder of a young woman he and a codefendant and fellow Navy SEAL met in ...

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Real Estate – Right Of Way – Condemnation – Gas Company (access required)

Plaintiff landowners may not pursue a separate suit for damages against defendant natural gas company because, among other reasons, any viable legal claims they may have had should have been brought as compulsory counterclaims in the condemnation action, a Charlottesville ...

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Tort – Defamation – Blog Post – Bar Complaint (access required)

A Richmond U.S. District Court grants in part a pro se defendant’s motion for remittitur of compensatory and punitive damages awarded by a jury to a lawyer who sued defendant for web-postings on defendant’s personal web page and on an ...

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Civil Procedure – Jury Demand – Waiver (access required)

Although a p.i. plaintiff failed to follow proper procedures under Fed. R. Civ. P. 81(c) to request a jury, a Richmond District U.S. Magistrate Judge grants her oral motion for a jury trial under Rule 39(b). It is undisputed that ...

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