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Monthly Archives: September 2009

Criminal – Brady Violation – Indecent Exposure (access required)

A male defendant accused of committing a lewd act in a women’s restroom at a service station cannot overturn his conviction for public indecency with a claim that the commonwealth violated Brady v. Maryland by failing to provide him with ...

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Criminal – Guilty Plea Withdrawal – Rape – Vulnerable Victim (access required)

A trial court did not err in refusing to allow defendant to withdraw his plea of guilty to raping a mentally retarded woman that he picked up at a bus stop, or in denying bail pending his appeal, according to ...

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Criminal – Drugs – Constructive Possession (access required)

A defendant found asleep in a motel room bed, surrounded by drugs and drug paraphernalia, has his conviction of possession of drugs within 1,000 feet of school property affirmed by the Court of Appeals. Defendant was asleep on one of ...

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Search & Seizure – Good Faith Exception – Officer’s Belief (access required)

Applying Lane v. Commonwealth, the Court of Appeals assumes the affidavit in this case was insufficient to establish probable cause, but says the trial court should have admitted the drug evidence under the good faith exception; suppression order is reversed. ...

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Taxicab passenger injured in collision at intersection – $312,500 Settlement (access required)

Plaintiff was a 43-year-old back seat passenger in a cab traveling westbound on Farmwell Road approaching the intersection of Ashburn Village Boulevard in Ashburn. The defendant was traveling northbound on Ashburn Village Boulevard. As the cab driver proceeded through the ...

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Tractor-trailer rear ends vehicle on Interstate 295 – $762,861 Settlement (access required)

Jillian Brooke Parker, a 30-year-old hairdresser, was involved in a crash on Interstate 295 on Sept. 12, 2007, in Hanover County. She was rear-ended by a tractor-trailer while stopped due to another accident. The defendant in the tractor-trailer was then ...

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Domestic Relations – Termination Of Parental Rights – Relative Placement (access required)

The Department of Social Services presented evidence why a child’s maternal grandmother was not deemed a suitable custodian for the child, and the Court of Appeals affirms termination of the mother’s parental rights. The grandmother also cared for her handicapped ...

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Search & Seizure – Exclusionary Rule – ‘Inevitable Discovery’ (access required)

Officers who responded to a security alarm at a condominium and noticed a strong odor of marijuana and saw a smoking device with burnt residue on the counter, did not violate the Fourth Amendment and the evidence seized from the ...

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