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Monthly Archives: August 2009

Criminal – Cocaine Sale – Same-Day Transactions (access required)

Although defendant contends he was illegally prosecuted twice for the same offense, the Court of Appeals says he was prosecuted for two separate transactions that occurred on the same day. In order to survive a double jeopardy challenge, all of ...

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Criminal – Second-Degree Murder – Manslaughter – Jury Instruction (access required)

At defendant’s trial for second-degree murder, the trial court did not err in refusing to instruct the jury on the lesser-included offense of manslaughter, based on his proffer of evidence of an argument between defendant and the victim; the Court ...

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Workers’ Comp – Birth Injury – Missing Evidence Inference (access required)

The Workers’ Compensation Commission did not err in declining to apply a missing evidence inference that a fetal heart monitor removed one hour before claimant’s birth would have shown continuing fetal distress, and that this inference would have changed the ...

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Criminal – Mob Violence – Firearm Use (access required)

A defendant who was in the car with a fellow gang member who shot at members of a rival gang, killing one and injuring the other, did not actually use a firearm, and the fact that he was a member ...

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Criminal – Credit Card Theft – Venue – Continuing Offense (access required)

After an Arlington County jury convicted defendant of 36 counts of credit card theft, eight counts of credit card forgery, five counts of identity theft, three counts of credit card fraud, and one count of possession of burglarious tools, the ...

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Partnerships – Leased Property – Negligence – Ordinary Business (access required)

Although the general partnership that leased the Wytheville Travel Plaza left day-to-day operation of the Plaza to one of its partners, it nevertheless could be liable for acts committed by the partner in the ordinary course of business, and it ...

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Civil Procedure – Discovery Violation – Sanctions – Costs (access required)

Although a civil rights plaintiff alleging excessive force in her arrest did not comply with the court’s pretrial order by providing reports from five medical personnel she intended to call as expert witnesses, a Harrisonburg U.S. District Court will not ...

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Negligence – Slip & Fall – ‘Conclusory Allegations’ (access required)

A negligence action alleging permanent injury from a slip-and-fall at a discount store is dismissed by a Roanoke U.S. District Court because plaintiff has failed to allege any facts that show how liquid came to be on the floor, whether ...

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Consumer Protection – FDCPA – Caller Identity Disclosure (access required)

Two callers for defendant debt collection agency did not identify themselves as debt collectors, but made references to possible litigation to collect a debt, or an effect on plaintiff debtor’s federal income tax liability, violated disclosure requirements of the Fair ...

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