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Author Archives: Deborah Elkins

Recordings Showed Analogue Substance ‘Knowledge’ (access required)

On remand from the U.S. Supreme Court, which said the jury instructions at defendant’s trial for distribution of controlled substance analogues improperly omitted state-of-mind elements, the 4th Circuit says omission of the jury instruction was harmless error for six counts ...

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Stop Not Justified by Yellow- Line ‘Touching’ (access required)

Although a police officer testified that defendant appeared to be driving over the posted speed limit when he first observed him at 3:00 a.m., the driver’s “isolated acts of slight drifting” to “touch” the yellow line twice over a one-mile ...

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Sheriff Must Show Bus Video to School Board (access required)

A video from a public school bus’s sur­veillance system showing conduct by the boys’ basketball teams that school officials termed “appalling” and “violent” is school property and the sheriff’s department is required to show the video for the school board’s ...

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Trespass Claim Based on Invalid Permit Filed Too Late (access required)

Although plaintiff landowner did not discover until 2011 that VDOT errone­ously issued a permit for defendant tele­phone company to install underground power lines on plaintiff’s property, plain­tiff’s 2015 suit alleging claims for continu­ing trespass and inverse condemnation is time-barred, says ...

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No Immunity in Suit Alleging Patient Infection (access required)

An obstetrical practice sued after its staff member allegedly infected a newmother with a streptococcus infection is not immune from a medical malpractice suit under a statute that grants immu­nity from claims related to disclosure of confidential information involving an ...

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