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Monthly Archives: September 2010

Appellate attorney seeks high court seat (access required)

L. Steven Emmert, perhaps the most active appellate attorney in state courts and the host of the popular www.virginia-appeals.com website, says he will seek the Supreme Court of Virginia seat that will be created by the retirement of Justice Lawrence ...

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Criminal – Voluntary Manslaughter – Self-Defense Instruction (access required)

A trial court did not err in rejecting defendant’s instruction on self-defense and the Court of Appeals affirms his conviction of voluntary manslaughter. Initially, it appears defendant offered the law for justified self-defense, as the instruction discussed the law for ...

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Domestic Relations – Termination Of Parental Rights – Substance Abuse (access required)

A mother who failed to remedy the conditions that led to placement of her children in foster care, including unstable housing, no employment, untreated depression, substance abuse and alcohol abuse, and being a victim of domestic violence, has her parental ...

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Domestic Relations – Sexual Abuse Allegations – Therapy Expenses (access required)

The Court of Appeals says a trial court did not err in awarding sole custody to a mother and denying any kind of visitation with father, in light of findings of sexual abuse. Initially, Child Protective Services listed father as ...

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Criminal – Rape – Suspended Sentence (access required)

The Court of Appeals rejects defendant’s contention that the trial court abused its discretion in revoking his suspended sentence in its entirety because the revocation was based upon an act that occurred before a previous revocation proceeding and was not ...

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Traffic Offenses – DUI – Fourth Offense – Blood Test Results (access required)

In this case, the totality of the circumstances when an officer on patrol observed defendant in his vehicle, including the fact that defendant was swerving between traffic lanes in a manner potentially endangering himself and others on the road, yelling ...

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Domestic Relations – Custody – Inappropriate Sexual Contact (access required)

Although father contends the trial court did not make any specific findings about father’s inappropriate sexual contact with the child, the trial court did make an unequivocal finding of sexual contact, and the Court of Appeals upholds the award of ...

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Rehearing Granted (access required)

On Sept. 23, 2010, the Virginia Court of Appeals granted rehearing en banc in Foltz v. Commonwealth (VLW 010-7-349), Record No. 0521-09-4. The court vacated its Sept. 7 panel opinion, which held that the warrantless placement of a GPS tracking ...

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Williams Mullen lawyer nominated for Federal Circuit

President Obama nominated Jimmie V. Reyna, head of the internal trade and customs practice at Williams Mullen and a leader in the Hispanic bar, yesterday to the U.S. Court of Appeals for the Federal Circuit. Reyna works in Williams Mullen’s ...

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