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Monthly Archives: August 2010

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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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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