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Criminal Law

Defendant Not ‘Unavailable’ After Refusal to Testify (access required)

A defendant who invoked his Fifth Amendment right not to testify was not “unavailable” at his robbery trial, and the trial court erred in holding that defendant, as a hearsay declarant, was unavailable for purposes of applying the declaration-against-penal-interest exception ...

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No Collateral Estoppel in Canine-Killing Case (access required)

Although two defendants were acquitted of misdemeanor charges related to the alleged shooting of dogs who were killing turkeys, a Dickenson County Circuit Court rejects defendants’ argument that their related felony prosecution is barred by collateral estoppel; the court denies ...

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