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Yearly Archives: 2009

Administrative – Firearm Purchase – Assault On Wife – Dec Action (access required)

The Court of Appeals transfers to the Supreme Court of Virginia appellant’s declaratory judgment action requesting a ruling that his prior misdemeanor conviction for assault and battery on his wife under Va. Code § 18.2-57.2 did not disqualify him from ...

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Texting clients is convenient, but carries risk for lawyers (access required)

More clients are asking their lawyers to communicate in ever-faster ways, and many lawyers are accommodating them by using text messaging and instant messaging for client communications. Minneapolis lawyer Vytas Rimas, who practices patent law, said he frequently uses both ...

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Administrative – Environmental – Inspector License – Fraudulent Emissions Tests (access required)

The Court of Appeals upholds revocation of appellant’s license as an automobile emissions inspector by the Department of Environmental Quality as the penalty for conducting fraudulent emissions tests. Appellant claims DEQ’s decision lacks a foundation in substantial evidence and DEQ ...

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Criminal – Traffic Stop – Cocaine – Intent To Distribute (access required)

Upon rehearing en banc, the Court of Appeals upholds defendant’s conviction of possession of 0.733 cocaine with intent to distribute. Here, the only evidence indicating the drugs were for personal use was the small quantity of drugs found in defendant’s ...

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Search & Seizure – Traffic Stop – Firearm In Truck – Gant (access required)

A deputy who stopped a Ford Ranger he believed was missing a muffler, and discovered the driver had a suspended license, did not violate the Fourth Amendment when he looked for a knife defendant said was in his pocket, and ...

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Criminal – Deferred Disposition – Officer Assault (access required)

A trial court does not have inherent authority to dismiss criminal charges on grounds other than the legal or factual merits, when such a dismissal is not authorized by statute, and the Court of Appeals affirms a trial court decision ...

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Will new law require set-asides for Medicare in p.i. cases? (access required)

Federal regulations that would have required personal injury attorneys and insurance companies to report settlements with Medicare beneficiaries to the Center for Medicare & Medicaid Services (CMS) were delayed from July this year until April 1, 2010. Those required to ...

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Search & Seizure – Sentencing – Restitution – SSI Benefits (access required)

A Big Stone Gap U.S. District Court says a defendant who pleaded guilty to attempted obstruction of justice, after his wife pleaded guilty to lying about their living together to get increased social security benefits, must make restitution for the ...

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Civil Procedure – Default Judgment – TILA Claims (access required)

Although defendant lender is making its first appearance in this case filed by a borrower 34 days after a response was required, a Richmond U.S. District Court sets aside the default judgment against defendants, who “seem to have particularly compelling ...

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Civil Rights – Voting – Military Service Voters – Absentee Ballot (access required)

Although at least 96 timely-requested, completed absentee ballots under the Uniformed & Overseas Citizens Absentee Voting Act were received too late to be counted by defendant election officials after the close of polls on Nov. 4, 2008, a Richmond U.S. ...

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