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Author Archives: Robert Smithmidford

Infrared breath test admissible (access required)

When prosecuting a drunken driver, the commonwealth may use test results from a machine performing an infrared analysis of the suspect’s breath, the Virginia Court of Appeals has ruled in a case of first impression. The decision forecloses an argument ...

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Fired workers out of luck? (access required)

Workers claiming employment discrimination gained a big victory last year: The Virginia Supreme Court allowed a plaintiff to bring a state claim for wrongful discharge under the Bowman exception. But a bill working its way through the General Assembly would ...

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IOLTA would become voluntary (access required)

Mandatory IOLTA in Virginia soon may be dead. The controversial program would be rolled back from mandatory to opt-out status under a bill presently working its way through the General Assembly. The roll-back measure is the fruit of a compromise ...

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Signature alone is not attestation (access required)

A certificate of analysis in a drug case that contained only the signature of an examiner but no attestation clause is inadmissible, the Court of Appeals has ruled. The case can be used to bolster challenges to DUI blood tests, ...

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Gov. Allen's '95 budget stiffs VSB (access required)

The Virginia State Bar’s uphill climb for relief from budget restrictions became a little steeper last week with the release of Gov. George F. Allen’s proposed budget for 1995-96. The 1994 General Assembly imposed a freeze on dues and staffing ...

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