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Monthly Archives: November 2010

Criminal – Computer Harassment – ‘Obscene’ E-Mails – Estranged Wife (access required)

The Court of Appeals reverses defendant’s conviction of harassment by computer in violation of Va. Code § 18.2-157:1, as the commonwealth failed to prove that the e-mails he sent to his estranged wife and her friends and family were “obscene” ...

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Criminal – Felony Sexual Penetration – Child Sexual Abuse – Jurisdiction (access required)

A defendant could be convicted in Fairfax Circuit Court for sexually molesting his girlfriend’s six-year-old niece during the victim’s visit to her grandmother’s apartment in Annandale, and the Court of Appeals affirms his conviction. The evidence showed that at the ...

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Domestic Relations – QDROs – Final Divorce Decree (access required)

Although husband claims four Qualified Domestic Relations Orders for four different retirement funds entered by the trial court did not conform to the final divorce decree, the Court of Appeals summarily affirms the trial court. Husband contends the QDROs included ...

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Criminal – Firearm Purchase Form – False Statement – Scienter (access required)

The en banc Court of Appeals upholds defendant’s conviction under Va. Code § 18.2-308.2:2 for making a false statement on a firearm purchase form, for defendant’s response of “no” to a query whether he was under any felony indictment, after ...

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Creditor’s Rights – Promissory Note – Default – Guarantor Liability (access required)

A creditor on a promissory note is not obliged to sue the guarantor on the note first, and a Danville U.S. District Court enters judgment for plaintiff creditor, as defendant maker of the note admits he is in default and ...

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Bankruptcy – Lien Avoidance – Notice To Creditor – Homestead Exemption (access required)

A Danville U.S. District Court reverses a bankruptcy court’s denial of debtor’s motion to avoid a judgment lien of Beneficial and Beneficial Discount Company on debtors’ Danville real estate, as Beneficial “silently stood by without so much as a scintilla ...

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