Quantcast
Home (page 4040)

Author Archives: Virginia Lawyers Weekly

Criminal – Indictment – Firearms In Home – Civil Rights Restoration (access required)

Although defendant earlier was convicted under North Carolina law for manslaughter, his civil rights were restored upon service of his sentence and consequently the district court erred in not dismissing a charge against defendant of possession of firearms in his ...

Read More »

Tort/Negligence – FTCA – Limitations – Jurisdiction (access required)

Where plaintiff, more than two years prior to filing his administrative tort claim against the federal government, wrote three letters to the government which explicitly indicated that contaminants had been discovered at property surrounding plaintiffs property in an area which ...

Read More »

REHEARING GRANTED (306784) (access required)

On Aug. 2, 1993, the 4th U.S. Circuit Court of Appeals vacated its June 11, 1993 opinion in Wilson v. Lindler (VLW 093-2-182) and granted a rehearing en banc. The docket number of the case is 92-6613, and the digest ...

Read More »

Criminal – Prosecutorial Overreaching – Repetition Of Inadmissible Evidence – Reversal (access required)

Where the prosecutor in this cocaine conspiracy and distribution case repeatedly referred, through testimony and argument of counsel, to inadmissible and prejudicial evidence, defendant’s convictions are reversed because of prosecutorial overreaching. A jury convicted defendant of conspiracy to distribute cocaine ...

Read More »

Intellectual Property – Copyright – Va. Computer Crimes Act – Preemption – Attorney Fee Award (access required)

Where plaintiff’s complaint alleges that defendant’s unauthorized copying of a certain computer program violated § 18.2-152.3 of the Virginia Computer Crimes Act, that claim is preempted by federal copyright law and the complaint properly was removed to federal district court. ...

Read More »

Real Property – Civil Rights – Conditional Approval Of Subdivision – Vested Property Right (access required)

Although the local planning commission had conditionally approved the developers’ subdivision plat in 1985, prior to the county’s 1988 adoption of a comprehensive zoning ordinance, this approval did not give the developers a vested property right to develop their subdivision ...

Read More »

Criminal – Sentencing – Enhancement For Prior Convictions – Validity Of State Convictions – Collateral Challenge (access required)

Where defendant’s sentence for possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g) was enhanced under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), the district court did not err in refusing to ...

Read More »

Civil Rights – Federal Rehabilitation Act – Limitations – Va. Personal Injury Limitation (access required)

On interlocutory appeal, the district court erred by applying the Virginia personal injury statute of limitations to the Federal Rehabilitation Act, 29 U.S.C. § 794, instead of the one-year limitation period under the Virginia Rights Of Persons With Disabilities, Act, ...

Read More »