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Search & Seizure – Warrantless Arrest – Gang Crackdown – Fingerprint Evidence
Police acted illegally when, as part of a nationwide initiative to apprehend illegal alien gang members, they arrested defendant without a warrant after observing his alleged gang tattoo, but evidence of defendant’s identity as an illegal alien ascertained after taking his fingerprints and obtaining attendant records may not be admissible in court, if police acted…
ROADCAP v. COMMONWEALTH
Trial court did not err in excluding evidence of prior accusations of sexual abuse or in allowing child victim and child witness to testify via two-way closed-circuit television where they were not able to see appellant personally; appellant?s confrontation clause rights not violated…
MARK DOUGLAS ROADCAP v. COMMONWEALTH OF VIRGINIA
Trial court did not err in excluding evidence of prior accusations of sexual abuse or in allowing child victim and child witness to testify via two-way closed-circuit television where they were not able to see appellant personally; appellant?s confrontation clause rights not violated…
MYERS v. COMMONWEALTH
Trial court did not abuse its discretion in revoking a portion of appellant?s suspended sentences; appellant is procedurally barred from arguing for the first time on appeal that he was financially unable to comply with the terms of his supervised probation…
Man who killed fellow inmates executed
JARRATT (AP) A man who strangled his prison cellmate and made good on a vow to continue killing if he wasnt executed was put to death last Wednesday in Virginias electric chair. Robert Gleason Jr., 42, was pronounced dead at 9:08 p.m. at Greensville Correctional Center. He became the first inmate executed in the U.S….
Free-speech group flags First Amendment violations
(AP) Banning the sale of wine because of a nude, bike-riding nymph on the label of the bottle. Confining campus protests to a “free-speech patio.” Keeping street performers off the Las Vegas Strip. Those were some of the actions that the Thomas Jefferson Center for the Protection of Free Expression cited Tuesday in awarding its…
Judges learn what brain research can tell us about decision-making
VIRGINIA BEACH Data streams in, the wheels turn, decisions are made. Day in and day out, judges have to decide: Who ran the red light, who gets custody, who’s telling the truth. Gut instincts help, but judges know training helps temper those instincts. When a group of Virginia district court judges planned training sessions…
Jury selection: Who hurts, who helps
Trials may be on the wane but lawyers still want to know how to choose a jury. Lawyers trying to pick people who will decide for their client may review juror questionnaires and do Google searches, or hire a consultant to eyeball venire members during the voir dire question-and-answer. Ultimately, theres a lot of luck…
PHAN v. COMMONWEALTH
NOTICE : The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. PHAN v. COMMONWEALTH November 5, 1999 Record No. 990093 THIET VAN PHAN v. COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA Present: All the…
Kinser, Cynthia D.
Justice VA Supreme Court 602 W. Morgan Avenue, Suite 7 P.O. Box 457 Pennington Gap, VA 24277 Phone: (540) 546-4563 Fax: (540) 546-4778 Legal Employment History: Justice, Supreme Court of Virginia, 1997-present; Former U.S. Magistrate Judge, U.S. District Court, Western District of Virginia Opinions Summarized in Lawyers Weekly 2007: Criminal – Concealed Weapon -…

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