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Monthly Archives: September 2009

Criminal – Probation Violation – Sex Offender Treatment – Alford Plea (access required)

A defendant who entered an Alford plea of guilty to rape of his stepdaughter can be convicted of a probation violation for his continued denial of the offense during sex offender therapy required by his probation officer, as the consequences ...

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Traffic Offenses – DUI – Melendez – Attestation Clause (access required)

In this DUI prosecution, the attestation clause on a certificate of analysis showing a BAC of .011 grams per 210 liters of breath was erroneously admitted under the U.S. Supreme Court’s recent decision in Melendez-Diaz, and the Court of Appeals ...

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Real Estate – Commercial Lease – Mitigation (access required)

Defendant Starbucks Company, who decided not to open a Starbucks store in a former Krispy Kreme store in Bristol, and has failed to pay rent under a commercial lease since Oct. 1, 2008, or to demolish the existing building on ...

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Tort – Fraud – Coal Sales Contract (access required)

In this diversity action alleging fraud in a coal sales transaction, a Big Stone Gap U.S. District Court grants defendant principals in a coal mining business summary judgment on plaintiff energy company’s claim based solely on reliance on warehouse receipts ...

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Criminal – Sentencing – Meth Distribution – ‘Mitigating Role’ (access required)

An Abingdon U.S. District Court denies a defendant’s post-conviction motion for reduction of sentencing based on her claim that she had a mitigating role in the crime of methamphetamine distribution and was less culpable than her codefendant-husband. The 4th Circuit ...

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Civil Rights – Malicious Prosecution – Wrongful Arrest (access required)

A plaintiff who submitted to arrest and detention on a cocaine warrant that mistakenly used his name and social security number, in order to clear his name and continue receiving social security disability benefits, cannot sue the county commonwealth’s attorney ...

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Criminal – Restitution Award – Bribery – Government Contract (access required)

In a case remanded for insufficient evidence to support an order of restitution, the Charlottesville U.S. District Court grants the government’s motion for an evidentiary hearing on the restitution award. Defendants Kenneth Harvey and Michael Kronstein were convicted of committing ...

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Civil Rights – Police Officer Defendant – Sexual Assault Claim (access required)

A woman who alleges a police officer sexually assaulted her after visiting her home late at night and telling her he would make traffic citations disappear in return for “a favor,” is entitled to summary judgment on her claim for ...

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