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Monthly Archives: May 2011

Court Considers Transcript, Suppresses Confession (access required)

The commonwealth has not presented affirmative evidence that defendant understood her Miranda rights and a Roanoke County Circuit Court grants her motion to suppress her confession in this case of forgery and uttering. Upon receiving her Miranda warning, the officer ...

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Federal appeals judge urges support for judiciary

The message was familiar, but recent events have provided new ammunition for 4th U.S. Circuit Court of Appeals Judge Steven Agee as he encourages lawyers to stand up for the third branch of government. Agee said he perceives a “disconnect” ...

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Judges say local counsel make rocket docket work

U.S. District Judge Robert E. Payne says local counsel are essential to the smooth functioning of the rocket docket of the Richmond federal courts. “You have to educate the out-of-town lawyers about the way things are done here,” he told ...

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No Privacy Act Violation in Seizure of Photos & Cameras (access required)

An Alexandria U.S. District Court says a plaintiff who generally identifies herself as a photojournalist cannot sue the government for its seizure of her photographs and cameras, as a violation of her rights under the Privacy Protection Act, as the ...

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No ‘Reckless’ Pleading for ‘Ordinary’ Accidents (access required)

A Fairfax Circuit Court dismisses claims in two unrelated automobile accident personal injury suits that allege “recklessness” without the necessary foundation. The court recognizes that alleging reckless conduct is sufficient to state a tort claim in Virginia. However, in Virginia, ...

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Judicial elections in Assembly go down to the wire (access required)

Members of the House and Senate were still negotiating at press time to settle on candidates to fill two vacancies on the Supreme Court of Virginia, with Court of Appeals Judges Elizabeth A. McClanahan and Cleo E. Powell apparently acceptable ...

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Patient dies after surgery for hepatitis and gallstones – Defense Verdict (access required)

Patient went to the emergency department at Southampton Memorial Hospital on March 25, 2008, with a complaint of abdominal pain, mainly on the right side. Patient was evaluated in the emergency department and then admitted to the hospital for acute ...

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Ureter damaged during surgery to remove mass in abdomen – Defense Verdict (access required)

A post-menopausal 54-year-old plaintiff was advised by her OB/GYN physician that a mass on her right ovary might be cancerous and that removal of the mass through a laparoscopic bilateral salpingo-oophorectomy was required. The physician performed the procedure utilizing the ...

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