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Seeds would be part of marijuana's weight (access required)

For a criminal defendant caught with marijuana, the difference between a class one misdemeanor and a class five felony may come down to “seeds and stalk.” The state’s failure to exclude seeds and stalk when calculating marijuana’s weight can be ...

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Assembly Update for Feb. 19, 1996 (access required)

Mid-session, the General Assembly mostly is making news for what is not going to become new law in 1996. Below are some bills and measures that have been carried over, or tabled, until next year. Family court system dies for ...

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Double Jeopardy: Take a shortcut to federal (access required)

A new 4th Circuit case will change the way criminal defendants get into federal court on a double-jeopardy claim, according to an expert in Virginia criminal procedure. The case allows a defendant who thinks a retrial after a mistrial would ...

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News in Brief for Feb. 19, 1996 (access required)

Horan wins Carrico professionalism award ALEXANDRIA–Fairfax Commonwealth’s Attorney Robert F. Horan Jr. received the 1996 Harry L. Carrico Professionalism Award Feb. 9 at ceremonies held in conjunction with the Virginia State Bar’s Criminal Law Seminar. The award was established in ...

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Retiree hit for support from imputed income (access required)

When setting spousal support, a divorce court may impute income to a retired man at the salary he could earn if he were employed, the Virginia Court of Appeals has ruled. The decision pushes the retiree back into the work ...

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General Assembly: VaREAL wins some, loses some (access required)

Lay settlement companies have been conducting real estate closings in Virginia for more than a decade; they are not going to be rousted out by lawyers during one General Assembly session. That interpretation has been adopted by the Virginia Real ...

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Wife's drug tip is OK, no marital privilege (access required)

A drug search warrant based on information given by the suspect’s estranged wife to a magistrate is valid, the Court of Appeals has ruled in a case of first impression. The marital privilege, which bars testimony against a spouse, applies ...

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Testimony on evidence lost by expert excluded (access required)

A defendant doctor cannot use evidence of a medical test after her expert lost a glass slide showing the results, a Fairfax Circuit judge has ruled in a case of first impression. The slide was lost after defense experts examined ...

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Wife loses money put into business (access required)

During a divorce, a wife cannot recoup the $60,000 she contributed to a construction business started while she and her husband were married, a Fairfax Circuit judge has ruled. The husband ran the business, which ultimately failed, but the judge ...

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Alcoholic fired from her job tests limit of ADA (access required)

A woman has sued a Virginia poultry producer, claiming it violated the Americans with Disabilities Act by firing her because she was an alcoholic. The suit may be the first in Virginia to test this type of ADA claim, which ...

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