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Daily Archives: August 19, 2010

Criminal – Obstruction Of Justice – Yelling At Police (access required)

Although defendant may have made her arresting officer’s task more difficult, she did not prevent them from doing their job, and the Court of Appeals reverses defendant’s conviction for obstruction of justice under Va. Code § 18.2-460(A). Defendant stood about ...

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Criminal – New Trial Request – Witness Recantation – Defendant’s Girlfriend (access required)

The Court of Appeals says a trial judge who heard the evidence at defendant’s earlier trial for possession of a firearm as a convicted felon did not err in denying his request for a new trial, based on his girlfriend’s ...

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Search & Seizure – Passenger Search – Particularized Suspicion (access required)

The Court of Appeals says police had a particularized suspicion justifying their search of defendant passenger after a legal traffic stop, made pursuant to police observation of the vehicle having made a brief stop at the back parking lot of ...

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Criminal – Cocaine – Constructive Possession – Statement In Cruiser (access required)

A defendant arrested on a warrant, who was detained in a police cruiser while police executed a search warrant for the apartment where he was arrested, made statements in the cruiser that he hoped police would not “check on top ...

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Domestic Relations – Termination Of Parental Rights – Sibling Case (access required)

As a mother failed to contest the trial court’s termination of her parental rights under Va. Code § 16.1-283(E)(1), which allows termination of parental rights for a second child when the parent’s rights have been involuntarily terminated as to a ...

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Search & Seizure – Search Incident – Trespass Arrest – Housing Project (access required)

An officer who initially observed defendant walking in the middle of the street in a housing project, causing a car to brake to avoid him, and who checked defendant’s identification and determined he was barred from the project, had probable ...

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