With Issue Pending, Noncompete Survives Demurrer

15-Minute Wait for Drug Dog Reasonable

By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals

Defendant is not entitled to reversal of his conviction for possessing heroin with intent to distribute based on a 15-minute wait for a drug dog; the Court of Appeals says the arresting officer made a lawful iiiTerryiii stop to investigate a suspected illegal drug transaction and our cases approve detentions exceeding 15 minutes. In early [...]

Withdrawal of No Contest Plea Disallowed

By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Robert P. Frank, Virginia Court of Appeals

Defendant is not entitled to reversal of his forcible sodomy conviction because he was not allowed to withdraw his nolo contendere plea; the Court of Appeals says defendant failed to proffer evidence supporting withdrawal. In August 2009, defendant entered a nolo contendere plea to a forcible sodomy charge. A pre-sentence report disclosed learning disorders, treatment [...]

Double Jeopardy Rejected in Larceny Case

By Deborah Elkins
Published: October 11, 2011
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

The Court of Appeals upholds defendant’s conviction for both grand larceny under Va. Code §18.2-95 and larceny with intent to distribute under Code § 18.2-108.01 for the theft and later pawn shop sale of a video game console; the appellate court rejects defendant’s claim that prosecuting both crimes constitutes double jeopardy because both offenses stemmed [...]

Establishing ground rules to help jurors judge your case

By Dolan Media Newswires
Published: October 11, 2011
Tags: Practice Tips

Baseball has a strike zone and the infield fly rule. Football has clipping and onside kicks. Basketball has both personal and team fouls. And in the litigation arena there are pre-trial and in-limine rulings. Judges are the umpires and referees. They both make the rules and make the attorneys follow the rules. Litigators understand what [...]