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Monthly Archives: December 2010

Criminal – Child Pornography – Cell-Phone Pictures (access required)

The Court of Appeals affirms a 21-year-old defendant’s convictions for possession of child pornography for three photos sent to him by cell-phone from his 17-year-old girlfriend, showing her with her breasts exposed in a “sultry pose.” The evidence at trial ...

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Traffic Offenses – DUI – Involuntary Intoxication – Ambien – Sleep-Driving (access required)

Although defendant’s BAC did not show alcohol and showed only a normal range for a therapeutic dose of his Ambien prescription, as well as Benadryl, the Court of Appeals says the trial court did not err in rejecting defendant’s theory ...

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Domestic Relations – Spousal Support Termination – Husband’s Retirement (access required)

Although the 68-year-old husband’s monthly income declined by $360 when his $100,000-a-year job at Reynolds Metals was eliminated, this was not a material change of circumstances warranting a reduction or termination of spousal support to wife, the Court of Appeals ...

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Search & Seizure – Probable Cause – Suspected Drug Sale (access required)

An experienced narcotics officer’s observation of defendant engaging in a hand-to-hand transaction involving what appeared to be crack cocaine was part of the total circumstances that provided probable cause to arrest defendant and search his vehicle, and the Court of ...

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Constitutional – Patient Protection Act – Commerce Clause (access required)

A Lynchburg U.S. District Court upholds the Patient Protection and Affordable Care Act of 2009, in the face of a constitutional challenge by plaintiff Liberty University, based on the Commerce Clause, the First Amendment and other constitutional provisions. The Patient ...

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Civil Procedure – Discovery – Motion To Compel – Fifth Amendment (access required)

In this suit by plaintiff investors in a wood products business against their business manager’s alleged kickback scheme, an Abingdon U.S. District Court says a defendant who refused to answer deposition questions on Fifth Amendment grounds is precluded from offering ...

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Civil Procedure – Discovery Sanctions – Limits On Defense Evidence (access required)

In this suit by plaintiff investors in a wood products business against their business manager’s alleged kickback scheme, an Abingdon U.S. District Court holds that, as a sanction for failure to comply with an order to produce documents during discovery ...

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