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Daily Archives: October 26, 2009

Criminal – Felony DUI – Sentence – Home Monitoring (access required)

The Court of Appeals declines defendant’s invitation to revisit its decision in Cuffee-Smith v. Commonwealth, 39 Va. App. 476 (2002), which prohibits electronic home monitoring as an alternative to mandatory incarceration, and affirms the trial court’s refusal to allow defendant ...

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The dangerous link between chronic office chaos and stress…or worse (access required)

When lawyers struggling with excessive stress, depression or even substance abuse want to get their lives back in order, they often reach out to medical and mental health professionals. In addition, many state bar associations offer alcohol and substance abuse ...

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Criminal – B&E – Grand Larceny – Property Serial Numbers (access required)

Although defendant claims on appeal that the serial numbers on an Epiphone guitar and a Samsung television that defendant sold to Best Loan Company were “inadmissible hearsay,” the Court of Appeals cannot consider that question under Rule 5A:12(c), and the ...

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Prescription drugs: Abuse and addiction (access required)

By Omar S. Manejwala, M.D., F.A.P.A. Abuse of prescription drugs has become a serious public health concern, especially over the last two decades. Several large scale studies have confirmed that the nonmedical use of prescription drugs grew from the 1990s ...

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REHEARING GRANTED (access required)

On Oct. 20, 2009, the Court of Appeals granted rehearing en banc in Startin v. Commonwealth No. 2837-08-4 (VLW 009-7-375). In the panel opinion of Sept. 8, 2009, the court held that a defendant who used a Franklin Mint “John ...

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High court rehears case on teenage guests (access required)

The Supreme Court of Virginia reheard last week the case of the duty of parents to supervise and care for a teenage guest. In July, the court found such a duty for parents who allowed a 14-year-old girl to ride ...

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Search & Seizure – Plain View – Pants Pocket – Drug Possession (access required)

A deputy who handed defendant his pants, after telling him he was free to leave while police obtained a search warrant for the residence, could not seize a plastic baggy protruding from the watch pocket of defendant’s pants, and defendant’s ...

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Husband owes on wife’s college loans (access required)

Although a wife didn’t earn income on her college degree until after the parties separated, she used her college loans for living expenses, and the Court of Appeals agrees husband must pay $11,000 of her college loan debt. Last week ...

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