Quantcast
Home / 2010 / July (page 16)

Monthly Archives: July 2010

Criminal – DUI – Blood Alcohol – Medical Treatment – Melendez-Diaz Claim (access required)

Hospital records showing a driver’s BAC at .13 after a two-fatality automobile accident are admissible under Va. Code § 19.2-187.02, a Norfolk Circuit Court says, notwithstanding a Sixth Amendment Melendez-Diaz challenge to the statute, which allows the test as a ...

Read More »

Body at Grand Canyon ID’ed as Porter

A spokeswoman from the Grand Canyon National Park last night confirmed that the body retrieved on Monday has been positively identified as that of Kirby Porter, 50, of Mechanicsville. She reiterated that Sunday night the park’s communications center received a ...

Read More »

An HOA tale of woe (access required)

With thousands of homeowners associations in Virginia, HOA horror stories are not hard to come by. When an association board squares off against an owner, the horror stories come from both sides. Then the insurance carrier gets involved. One story ...

Read More »

He’s baaack …

“Michael Scott” is vexatious and frivolous, as fans of the TV show “The Office” know. Now there is an official court document attesting to that fact. Or at least attesting to the fact that a Norfolk Circuit Court has found ...

Read More »

Criminal – Aggravated Sexual Battery – Victim’s Mental Incapacity (access required)

The commonwealth did not need to prove the use of actual force in order to convict defendant of aggravated sexual battery through use of a victim’s mental incapacity, in violation of Va. Code § 18.2-67.3, for his act of molesting ...

Read More »

Criminal – Criminal Street Gang – Felony Participation – Juvenile Recruit (access required)

The commonwealth proved defendant’s recruitment of a juvenile for membership in a criminal street gang, the Court of Appeals says, but it reverses his conviction for felony participation in a criminal act for the benefit of a criminal street gang ...

Read More »

Criminal – Construction Fraud – Jury Instruction – Comment On Evidence (access required)

At a contractor’s trial for construction fraud in violation of Va. Code § 28.2-200.1, the trial court erred in basing a jury instruction on another case that cited evidence such as failure to apply for a permit and failure to ...

Read More »

Your first-half Top Ten

It’s July and we’ve made the turn on 2010. What were the biggest news stories on our website during the first half of the year? In order of popularity, here you go: 1. Fifteen lawyers leave LeClairRyan. …to start a ...

Read More »

Constitutional – First Amendment – Airport Newspaper Racks (access required)

In this case upholding summary judgment for plaintiff newspaper publishers that a public airport’s total ban on newspaper racks inside its terminals violates the First Amendment, the 4th Circuit denies rehearing en banc. Concurrence Wilkinson, J., concurring in the denial ...

Read More »