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Monthly Archives: September 2010

An invalid order, but no standing to challenge it (access required)

What happens when a judge without authority to hear an ex parte petition grants it anyway and no party has standing to object to it? You have what a concurring justice calls “a procedural Gordian knot.” The knot was tied ...

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Signature rule strictly construed (access required)

A lawsuit filed in Virginia must be signed, by the plaintiff in his own hand if he’s pro se, or by a Virginia-licensed lawyer, if the plaintiff has counsel. The Supreme Court of Virginia reinforced that rule in two decisions ...

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Rehearings Granted (access required)

On July 27, 2010, the Virginia Court of Appeals granted rehearing en banc in Ervin v. Commonwealth, (VLW 010-7-241(UP)). The original June 22 panel opinion held that there was insufficient evidence to convict defendant, as the only person in the ...

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Criminal – Construction Fraud – Incomplete Renovation – Intent (access required)

Although defendant contractor had not ordered kitchen cabinets when he told a homeowner that he needed a $1,500 draw from her construction loan because the cabinets were on order, this false statement was not sufficient to prove the contractor had ...

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