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Home / 2009 / September (page 17)

Monthly Archives: September 2009

Chief hospitalized, will not be part of session (access required)

Virginia Chief Justice Leroy Rountree Hassell Sr. was hospitalized recently with an infection and will not participate in the court’s argument session this week. Katya N. Herndon, the spokeswoman for the Supreme Court, confirmed the illness and added, “I’m pleased ...

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Wills & Trusts – Real Estate – Trustee Authority – Condemnation (access required)

Under a trust instrument that only allowed sale of trust real estate if condemned, a Newport News Circuit Court says the trustee is entitled to the $1.65 million condemnation proceeds once she has complied with trust reporting requirements. The trust ...

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Criminal – Photo IDs – Aggravated Sexual Battery (access required)

A defendant convicted of aggravated sexual battery in an incident in which he touched the buttocks of a 10-year-old girl shopping at a Target store cannot overturn his conviction with a claim that the girl’s identification of him through a ...

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Criminal – Solicitation Of Minor – Probation Period (access required)

The Court of Appeals rejects defendant’s claim that the trial court erred in imposing a 10-year term of probation for his conviction for criminal solicitation of a minor, that exceeded defendant’s seven-year suspended sentence. Defendant does not argue the trial ...

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Domestic Relation – Child Custody – Changed Circumstances (access required)

Where three of the child’s teachers testified that she was bright, got along with her classmates, and did not have any behavioral issues, the record indicated the trial court finding that there was no material change in circumstance that warranted ...

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Search & Seizure – Auto Stop – Firearm – ‘Shots Fired’ Call (access required)

A police officer was justified in stopping the vehicle in which defendant was riding when the officer, responding to a “shots-fired” call, observed the vehicle execute a too-wide turn, and saw defendant, who had been involved in two other gun-related ...

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Rear-end collision results in shoulder replacement – $375,000 Settlement (access required)

The plaintiff suffered a shoulder injury when the box truck he was driving was rear-ended by the defendant’s sport utility vehicle. Liability was admitted, and the defendant did not plan to attend trial. The plaintiff was a 52-year-old man who ...

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Workers’ Comp – Employer Premises – ‘Grassy Area’ (access required)

A claimant who testified that she left her office and proceeded down a flight of stairs that led to the building’s main entrance and left through that entrance, where she tripped over an object and hit the ground, has failed ...

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Criminal – Officer Assault – Juror Strike (access required)

Although a juror initially stated he would like to know a reason the criminal defendant did not testify, the juror’s subsequent statement that, the defendant “is given that right” supported the trial court’s refusal to strike the juror, and defendant’s ...

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