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Yearly Archives: 2009

Domestic Relations – Termination Of Parental Rights – Anger Management (access required)

After the parents became involved in a physical altercation while mother was holding the child, the mother completed an anger management class and father competed a batterer’s intervention program, but these and other actions by the parents were insufficient to ...

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Domestic Relations – Termination Of Parental Rights – Medical Neglect (access required)

A mother who tested positive for drugs, stabbed her boyfriend while the child was present and failed to obtain necessary medical care for the child, who was born with a respiratory illness, has termination of her parental rights affirmed by ...

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Domestic Relations – Custody – Grandparent Custody – Rule 5A:18 (access required)

The Court of Appeals says father’s appeal issues were procedurally defaulted and cannot be heard, and it upholds a trial court order awarding custody not the father who had joint legal custody, but to a child’s maternal grandmother, with whom ...

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Criminal – Stolen Property Receipt – Video Games Theft (access required)

Although defendant claimed he had no idea where his companion had obtained the 50 video games offered for sale – originally with no plastic covers – to a Game Stop used game store, there was sufficient evidence to convict defendant ...

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Criminal – Cocaine – Constructive Possession – Lockbox Under Bed (access required)

A defendant who identified a bedroom as his when he called police to report a home invasion and theft of a lockbox from under his bed, cannot credibly disclaim any connection to the bedroom when police discover drugs and drug ...

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Criminal – Burglary – Principal In Second Degree (access required)

The Court of Appeals affirms the burglary conviction, as a principal in the second degree, of a defendant who admitted providing building and office access codes to his wife, who allegedly stole office equipment to trade for crack cocaine. Evidence ...

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Criminal – Assault On Household Member – Sufficiency (access required)

The Court of Appeals says there was sufficient evidence to convict defendant of assault on a family member, based on a woman’s testimony that defendant, with whom she had lived for three years, came home drunk while she was on ...

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Criminal – Uttering – Possession Of Forged Check (access required)

There is no requirement that the accused must fully negotiate a forged document in order to be convicted of uttering a forged check, the Court of Appeals says, and it affirms defendant’s conviction even though he says he merely possessed ...

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Criminal – Speedy Trial – Sixth Amendment – Federal Custody (access required)

A trial court erred by dismissing indictments against defendant because a three-year and seven-month delay violated defendant’s Sixth Amendment speedy trial right; the Court of Appeals says although defendant was in Roanoke City jail during the delay, he was in ...

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Criminal – False Pretenses – Promissory Note – Draft Copy – Rule 5A:18 (access required)

The Court of Appeals says a defendant cannot overturn his conviction for obtaining money by false pretenses, after he failed to pay a promissory note that disappeared after an suspected break-in at the lender’s home, because defendant did not challenge ...

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