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Monthly Archives: August 2010

Supreme Court grants writs on eyewitness ID, wrongful attachment (access required)

Although faulty eyewitness identification has been the basis for most of the convictions overturned by DNA evidence, it’s tough to get an appellate writ granted, much less have a conviction reversed, when the judge or jury believes the witness. So ...

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What would Sharon Stone do?

There’s a famous scene in the 1992 thriller “Basic Instinct,” starring Sharon Stone and Michael Douglas. No, not that scene. This exchange takes place a bit before the part where Stone crosses and uncrosses her legs. Stone, a wealthy socialite, ...

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Clerks may record court proceedings (access required)

A new Attorney General opinion gives the green light for Virginia court clerks to make and sell recordings of court proceedings. It has been met with widely varying reactions in the legal community. Some clerks have embraced recording technology, finding ...

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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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