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Monthly Archives: November 2009

Domestic Relations – Termination Of Parental Rights – Drug Use (access required)

The Court of Appeals upholds termination of a mother’s parental rights to her four children who were removed from the home after the mother tested positive for cocaine and the children were found wandering around the apartment complex without adult ...

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Case of ‘right result, wrong reason’ revised (access required)

The Supreme Court of Virginia has revised a case that analyzed the “right result, wrong reason” doctrine but hardly in a way that addresses concerns raised by the attorney general’s office. In its decision in June in Whitehead v. Commonwealth ...

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Criminal – Batson Claim – Juror Demeanor (access required)

At defendant’s second-degree murder trial, the trial court did not err in accepting as race-neutral a peremptory strike of a Caucasian juror based on her “long stares” at defendant, and the Court of Appeals upholds defendant’s convictions. The record does ...

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Boyd-Graves: Extend Tort Claims Act to governments (access required)

The Boyd-Graves Conference has voted to recommend that the General Assembly extend the Virginia Tort Claims Act to local governments. The committee assigned to study the issue split 5-5, which indicated that a consensus among the full membership of the ...

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Proctor, Micklem to get legal aid honors this week (access required)

Barry Proctor, an attorney in Abingdon, and Ruth Micklem, a domestic violence activist, will receive the John Kent Shumate Jr. Advocate of the Year awards on Nov. 5 at the Statewide Legal Aid Conference in Williamsburg. The Virginia Poverty Law ...

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Criminal – Procedural Defaults – Batson Claim (access required)

Although the Supreme Court of Virginia granted defendant a delayed appeal of his Batson claim, the cumulative effect of defendant’s other violations of appellate procedural rules precludes the Court of Appeals from considering his claim, and his abduction, rape and ...

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Obituaries (access required)

Charles Hill Ryland Charles Hill Ryland, a retired attorney in Warsaw, died Oct. 22. He was 96. A native of Georgetown, Ky., Mr. Ryland grew up at the University of Richmond, where his father was a chemistry professor. He graduated ...

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Search & Seizure – Visual Body Cavity Search – Jailhouse Search (access required)

Police did not violate defendant’s Fourth Amendment rights after he was arrested for selling suspected crack cocaine when they asked him, after obtaining written permission to conduct a strip search, to remove articles of clothing and lower his boxer shorts ...

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VSB Disciplinary Actions (access required)

Effective Jan. 1, 2010, the Virginia State Bar Disciplinary Board imposed a 30-day suspension of the law license of Steven S. Biss of Petersburg, for violating the professional rule governing misconduct that reflects adversely on the lawyer’s fitness to practice. ...

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