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Author Archives: Deborah Elkins

Criminal – Drugs – Constructive Possession (access required)

A defendant found asleep in a motel room bed, surrounded by drugs and drug paraphernalia, has his conviction of possession of drugs within 1,000 feet of school property affirmed by the Court of Appeals. Defendant was asleep on one of ...

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Search & Seizure – Good Faith Exception – Officer’s Belief (access required)

Applying Lane v. Commonwealth, the Court of Appeals assumes the affidavit in this case was insufficient to establish probable cause, but says the trial court should have admitted the drug evidence under the good faith exception; suppression order is reversed. ...

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Domestic Relations – Termination Of Parental Rights – Relative Placement (access required)

The Department of Social Services presented evidence why a child’s maternal grandmother was not deemed a suitable custodian for the child, and the Court of Appeals affirms termination of the mother’s parental rights. The grandmother also cared for her handicapped ...

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Search & Seizure – Exclusionary Rule – ‘Inevitable Discovery’ (access required)

Officers who responded to a security alarm at a condominium and noticed a strong odor of marijuana and saw a smoking device with burnt residue on the counter, did not violate the Fourth Amendment and the evidence seized from the ...

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Criminal – Firearm Use – Robbery – Franklin Mint Replica Gun (access required)

A defendant who used a Franklin Mint “John Wayne Replica” .45 caliber handgun to demand Oxycontin from a pharmacist can be convicted of use of a firearm in the commission of a robbery, the Court of Appeals says. The commemorative ...

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Civil Procedure – Personal Jurisdiction – Virginia Contacts (access required)

In this litigation over construction of a dry mill ethanol plant near Riga, Mich., a Richmond U.S. District Court cannot exercise personal jurisdiction over defendant, an Oregon company, as plaintiff initiated contact with defendant, the contract was to be performed ...

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Civil Rights – Attorney’s Fees – ABC Board (access required)

In plaintiffs’ challenge to certain statutes and a regulation of the Virginia Alcoholic Beverage Control Board, a Richmond U.S. District Court will award plaintiffs $16,462.88 in attorney’s fees and $3,144.69 in costs. Prior to the actions taken by this court, ...

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Contract – Government – Secret Service Rifles – False Claims Act (access required)

A former employee of a government contractor that bid on a contract to provide the U.S. Secret Service with rifles with ambidextrous selector levels, who allegedly pointed out violations in the procurement process, has not engaged in “protected activity” under ...

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