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Author Archives: Peter Vieth

Prosecutors on rule changes: There is no ‘trial by ambush’ (access required)

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Prosecutors and law enforcement interests remain strongly opposed to a series of recommended reforms in Virginia’s criminal discovery rules. After a last round of public comments, the package of changes is now before the Supreme Court of Virginia. The recommendations ...

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‘Not-pot’ student discipline case survives initial challenge

A middle school student who claims he was suspended and prosecuted for marijuana possession – even though the material taken from him tested negative for marijuana – can pursue his lawsuit against school officials. U.S. District Judge Norman K. Moon ...

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Prosecutor charged over discovery rule (access required)

The Virginia State Bar has charged a prosecutor with ethical misconduct for allegedly failing to share helpful evidence with a criminal defendant’s attorney. Through her attorney, the prosecutor said she did not know about most of the evidence in question, ...

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Judge rejects college liability theory in alleged rape of student (access required)

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In a decision touching the sensitive matter of campus sexual assaults, a circuit judge has ruled that Virginia law does not impose a “special relationship” duty on college administrators to protect students from third-party violence. The judge’s written opinion addresses ...

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Attorney charged with timeshare sales fraud conspiracy

A Williamsburg lawyer has been accused by federal authorities of taking part in a scheme to sell multiple timeshare units to straw buyers, generating transaction fees while forcing units into foreclosure. Deborah M. Wager was named in a criminal information ...

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Interim commonwealth’s attorneys take office

As top prosecutors ascend to the bench in both Amherst and Franklin Counties, judges have named former assistant prosecutors as interim commonwealth’s attorneys. In Amherst, Lyle Carver was sworn in Wednesday, The News & Advance reported. He fills the position ...

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Lawyer disbarred after fumbling two cases

A Northern Virginia lawyer who let two lawsuits lapse and then misrepresented the status of those cases has had his law license revoked by the Virginia State Bar. In both cases, Sean P. McMullen of McLean failed to respond to ...

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