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Prior DUIs with flaws still count (access required)

During a repeat drunken-driving prosecution, a judge can consider a prior conviction where the defendant had no lawyer and served two days in jail, the en banc Court of Appeals has ruled. Even though the sentence may have been unconstitutional, ...

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Pre-trial conferences could become mandatory (access required)

A pre-trial conference could become mandatory upon the motion of any party, under a proposal referred by legislators to the Supreme Court for study. Legislators were looking at ways to streamline settlements in tort cases. Although they reached an impasse ...

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Creative lawyering: How to paint your clients out of a corner (access required)

The word “creative” may conjure up the image of an artist standing before a canvas or a scientist in a laboratory, but the term often describes a lawyer helping a client settle a lawsuit. Creative or nontraditional settlements frequently work ...

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Consumer Protection claim was based on oral ad (access required)

The buyer of a mobile home suing in Rockingham County Circuit Court can bring a claim under the Virginia Consumer Protection Act for an oral “advertisement,” the court ruled on an issue of apparent first impression. In Richardson v. Fleetwood ...

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Jury instruction taken off headnote created error (access required)

Lawyers and judges who stray from the Model Jury Instructions have a new imperative: When writing instructions taken from cases, make sure the headnotes of the case match the actual language of a decision. A man convicted of sodomy earned ...

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Criminal Procedure: Lawyer must renew motion to strike to save appeal (access required)

A defendant must renew a motion to strike at the end of his case to preserve sufficiency of the evidence as an issue for appeal, the Court of Appeals has ruled. The en banc decision reaffirms common practice and reverses ...

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Low-impact crash settled for $2M (access required)

The family of a Northern Virginia man killed in a low-impact car crash has settled their lawsuit against Chrysler Corp. for $2 million. The suit in Prince William County was one of at least 24 products-liability suits filed against the ...

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Anonymous tip on gun justifies cop's search (access required)

A police officer who received an anonymous tip that a man was brandishing a gun in a laundromat could search the defendant outside the laundromat a minute later, the Court of Appeals has ruled in a case of apparent first ...

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DUI success may depend on prosecutor's choice (access required)

The fate of a DUI Double Jeopardy Defense may depend on which prong of the state’s DUI statute is used by the commonwealth. A Richmond Circuit Court decision provides guidance on which prong of the DUI statute shares common elements ...

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DUI research file (access required)

Does Virginia’s DUI statute set out a single offense or separate offenses? Although the question might seem academic, it may become an important issue in the DUI Double Jeopardy Defense. Several Court of Appeals decisions discuss the various prongs of ...

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