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Daily Archives: August 19, 2010

Search & Seizure – Felon In Possession – Gun In Waistband – Trip & Fall (access required)

A convicted felon who accidentally dropped a handgun that had been concealed underneath the waistband of his pants cannot suppress the handgun and his conviction under Va. Code § 18.2-308.2(A) on a conditional guilty plea is affirmed; he cannot suppress ...

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Criminal – Child Porn – Model Jury Instruction – Constructive Possession (access required)

The Court of Appeals affirms child pornography convictions, rejecting defendant’s interpretation of Va. Code § 18.2-374.1:1(B), that defendant says would have required the court to dismiss four of the 10 counts against him. Defendant argues the 20 images of child ...

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Criminal- Child Porn – Model Jury Instruction – Constructive Possession (access required)

The Court of Appeals affirms child pornography convictions, rejecting defendant’s interpretation of Va. Code § 18.2-374.1:1(B), that defendant says would have required the court to dismiss four of the 10 counts against him. Defendant argues the 20 images of child ...

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Criminal – Federal Death Penalty – Murder & Kidnapping (access required)

Although the actions of federal prosecutors – including closing argument statements about the desires of the victim’s family – at two codefendants’ joint trial on kidnapping and murder charges, unnecessarily introduced error into the proceedings, such error is not reversible, ...

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SUMMARY DISPOSITIONS (access required)

In the following cases, the Virginia Court of Appeals has affirmed a decision based on the reasoning of the administrative agency: Food Lion LLC v. Tkach, No. 0649-10-4, Aug. 3, 2010, upholding an award of benefits despite an employer’s claim ...

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