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Monthly Archives: November 2009

Criminal – Felon In Possession – Reasonable Suspicion (access required)

A police officer who followed up on an initial consensual encounter with defendant whose vehicle was stopped, by ascertaining that the vehicle and a man had been reported missing in North Carolina, had a reasonable suspicion to detain defendant, and ...

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Domestic Relations – Custody – Mom’s Move (access required)

The Court of Appeals upholds a divorce court order enjoining a mother from relocating with her four children to Massachusetts; although the move would allow the family to live with wife’s parents while she attended graduate school, the move would ...

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Domestic Relations – Health Insurance – Attorney’s Fees (access required)

A divorce court that “superseded” the parties’ 2006 property settlement agreement provision on husband’s obligation to pay for wife’s health insurance, with language in the 2008 divorce decree that modified husband’s obligation, violated Va. Code § 20-109.1 and the Court ...

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Workers’ Comp – Arising Out Of – Nursery Worker – Nearby Highway (access required)

An assistant manager at a garden shop nursery who was shutting off sprinklers located 27 feet from Route 17, when a vehicle veered off the highway onto nursery property and struck her, is entitled to workers’ comp benefits for this ...

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Search & Seizure – Anonymous Informant Tip – Guns & Drugs (access required)

Although the trial court should have suppressed cash and a statement by defendant about selling drugs, obtained as a result of an unlawful detention based on an anonymous informant’s tip, the Court of Appeals says additional evidence of defendant’s possession ...

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Search & Seizure – Front-Porch Detention – ‘Officer Safety Position’ (access required)

A consensual encounter on a front porch became a seizure when the officer commanded defendant to “get into the officer safety position,” without having a reasonable articulable suspicion about defendant posing a threat, other than defendant’s “balled up fist, raised ...

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Criminal – Petit Larceny – Shoplifting Link Belts (access required)

A store assistant manager who observed defendant pick up link belt packages, about a foot long and four inches wide, and progress through the store and out the door without paying for the link belts, and who challenged defendant about ...

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Criminal – Grand Larceny – Conspiracy (access required)

A trial court should have granted a mistrial when the jury during the penalty phase disavowed its verdict on a felony charge of conspiracy to commit grand larceny, which the jury said it thought was a misdemeanor charge, and the ...

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Criminal – Surveillance Videotape – Witness Description (access required)

The Court of Appeals affirms defendant’s grand larceny conviction, despite his claim that the trial court erred in allowing two witnesses to describe what they saw when they watched a videotape that was never admitted into evidence at defendant’s trial. ...

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Criminal – Larceny Into Robbery – Cell Phone (access required)

Although a 15-year-old boy, who was skateboarding when he and his friends were hassled by defendant and his friends, got his cell phone back shortly after defendant took it and used it after appearing to pull a “flat, black object” ...

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