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Monthly Archives: August 2010

Criminal – Attempted Rape – Jury Instruction – Lesser-Included Offense (access required)

A defendant who agreed to jury instructions that included finding instructions on both attempted rape and assault and battery cannot on appeal challenge his conviction for assault and battery on the ground that it is not a lesser-included offense of ...

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Criminal – Imitation Controlled Substance – Quantity – Personal Use (access required)

On rehearing, a panel of the Virginia Court of Appeals holds that because the commonwealth did not prove that the quantity of fake crack cocaine defendant possessed – three small corner “baggies” worth about $20 each – was not inconsistent ...

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McDonnell appoints healthcare study panel

While cheering on Virginia’s lawsuit to block the Obama administration’s healthcare reforms, Gov. Bob McDonnell says he wants to explore ways to make healthcare affordable “in an economically responsible manner.” To that end, McDonnell today announced the 24 members of ...

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Civil Procedure – Complaint Amendment – Prejudice Claim (access required)

Plaintiff corporation may amend its complaint alleging breach of a confidentiality agreement by a former senior manager, to allege additional claims of fraud, breach of fiduciary duty and violation of the Stored Communications Act, based on information uncovered during discovery, ...

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Search & Seizure – Inventory Search – Competency (access required)

Although a police officer’s initial inventory search of defendant’s vehicle, when he was arrested on a charge of molesting a 13-year-old girl, was interrupted and some of the evidence in question was located by a detective, a Norfolk U.S. District ...

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Civil Procedure – Motion To Intervene – Criminal Appeal (access required)

A Richmond U.S. District Court denies a convicted criminal defendant’s motion to intervene as a plaintiff in his stepfather’s suit against Dominion Virginia Power, the federal government, and a DEA special agent, to bring civil claims for negligence, invasion of ...

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Insurance – Policy Coverage – Intentional Tort Exclusion (access required)

A woman who alleges the insured struck her repeatedly, then bound and gagged her, while they were sailing together on a year-long cruise on a leased sailboat, cannot make an end-run around two insurance policies’ “intentional acts” exclusions with additional ...

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