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Monthly Archives: July 2010

Domestic Relations – Termination Of Parental Rights – Rule 5A:18 (access required)

The Court of Appeals affirms termination of the mother’s parental rights, as the mother was unable to maintain suitable housing and employment while the children were in foster care. The children were removed because of mother’s lack of cooperation with ...

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Criminal – Abduction – Cross-Exam Limitation – Phone Calls (access required)

A defendant cannot overturn his conviction for abducting his girlfriend in violation of Va. Code § 18.2-47 because his claims about the trial court’s limitation of his cross-examination of the victim are procedurally barred, the Court of Appeals says. Defendant’s ...

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Criminal – City Ordinance – Disturbing The Peace – Standing (access required)

A Virginia Beach ordinance, City Code § 23-10, specifically covers the conduct for which defendant was arrested – challenging someone to a fight – and therefore, he does not have standing to challenge the ordinance as “unconstitutionally vague,” the Court ...

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Search & Seizure – Auto Stop – Reasonable Suspicion – Drug Sale (access required)

Police who observed activity in the yard of a house where there was recent drug activity, had reasonable suspicion to stop defendant’s car when defendant left the house after police witnessed a hand-to-hand transaction between defendant and a man in ...

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Domestic Relations – Termination Of Parental Rights – Child Sexual Abuse (access required)

A man who abused his nine-year-old daughter and seven-year-old son, and who allowed another man to live in the home and sexually abuse the children, has the termination of his parental rights affirmed by the Court of Appeals. Two persistent ...

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Criminal – Robbery – Speedy Trial Act – DNA Evidence (access required)

A trial court properly denied defendant’s motion to dismiss on statutory speedy trial grounds without considering the impact of Va. Code § 19.2-270.5’s provisions concerning the late production of DNA evidence on the speedy trial calculations, and the Court of ...

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