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	<title>Virginia Lawyers Weekly &#187; Opinion Digests</title>
	<link>http://valawyersweekly.com</link>
	<description>VA Lawyers Weekly</description>
	<lastBuildDate>Thu, 24 May 2012 14:17:30 +0000</lastBuildDate>
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		<title>Lawyer Fined, But Discovery Response Approved</title>
		<description><![CDATA[Although plaintiff continues to complain that defendant lawyer has not complied with discovery orders in this suit alleging violations of the Fair Debt Collection Practices Act and the Virginia Consumer Protection Act, the Richmond U.S. District says defendant’s responses are now compliant, but the court orders defendant to pay $1,250 for the five days he [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/24/lawyer-fined-but-discovery-response-approved/</link>
			</item>
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		<title>‘Vulnerable Victim’ Enhancement Approved</title>
		<description><![CDATA[A defendant who, from a Florida jail, appropriated a social security number and identity belonging to a disabled woman in Florida, has her sentence for social security fraud and aggravated identity theft increased under the sentencing guidelines’ “vulnerable victim” enhancement, in this decision from the 4th Circuit.
In 1995, the Sentencing Commission adopted Amendment 521 rendering [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/22/%e2%80%98vulnerable-victim%e2%80%99-enhancement-approved/</link>
			</item>
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		<title>Prosecutor’s Comments Not Error</title>
		<description><![CDATA[A prosecutor’s references to defendants as “liars” was not plain error, in light of precedent from other appellate courts, and the 4th Circuit affirms defendant’s conviction for making a false entry in a bankruptcy-related document.
Defendant was convicted of making, or aiding and abetting his codefendant in making, a false entry in a bankruptcy-related document, in [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/22/prosecutor%e2%80%99s-comments-not-error/</link>
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		<title>‘Legal’ Black Lung Upheld for Miner</title>
		<description><![CDATA[An administrative law judge’s award of black lung benefits to a miner who worked in Virginia coal mines for nearly 17 years is supported by substantial evidence, and the 4th Circuit rejects appellant mining company’s contention that the ALJ’s reference to a preamble to 2000 revisions of DOL regulations violated the Administrative Procedure Act.
In her [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/22/%e2%80%98legal%e2%80%99-black-lung-upheld-for-miner/</link>
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		<title>Comments to Social Worker Not ‘Testimonial’</title>
		<description><![CDATA[Statements made by defendant’s eight-year-old stepson to a social worker about defendant’s abuse were nontestimonial and admission of the statements did not violate defendant’s Confrontation Clause rights under Crawford v. Washington; the 4th Circuit upholds defendant’s convictions of second-degree murder and assault in the death of his stepson.
We are satisfied – after reviewing the child’s [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/22/comments-to-social-worker-not-%e2%80%98testimonial%e2%80%99/</link>
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		<title>Brokers Sued Over MLS Operation</title>
		<description><![CDATA[The 4th Circuit says plaintiff buyers of real estate brokerage services in South Carolina have stated an antitrust claim under the Sherman Act, 15 U.S.C. § 1, with allegations that defendant brokerages that serve as board members of the local multiple listing service conspired to unfairly restrain market competition.
The two putative class actions allege anticompetitive [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/22/brokers-sued-over-mls-operation/</link>
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		<title>Cable Company Did Not Discriminate</title>
		<description><![CDATA[A regional sports network loses its challenge to an FCC order upholding a cable company’s decision on limited broadcast in North Carolina of Baltimore Orioles and Washington Nationals baseball games, for which there was limited demand; the 4th Circuit upholds the FCC finding that the cable company did not engage in unlawful discrimination under the [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/22/cable-company-did-not-discriminate/</link>
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		<title>DUI Appeal Procedurally Defaulted</title>
		<description><![CDATA[Defendant is not entitled to reversal of his bench trial conviction for third offense driving under the influence of alcohol on the basis of the inadmissibility of his second offense conviction, the Court of Appeals says; defendant failed to assign error to the admissibility of his second conviction and his brief fails to address the [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/18/dui-appeal-procedurally-defaulted/</link>
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		<title>Dwelling Occupied for Arson</title>
		<description><![CDATA[The Court of Appeals affirms defendant’s jury trial conviction of arson of an occupied building under Va. Code § 18.2-77; our cases hold a dwelling is occupied when residents are temporarily absent and the evidence proves defendant and others regularly inhabited the dwelling he burned after his employment was terminated.
Defendant worked as a banquet server [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/18/dwelling-occupied-for-arson/</link>
			</item>
	<item>
		<title>Robber’s Girlfriend Guilty as Principal</title>
		<description><![CDATA[The Court of Appeals affirms defendant’s bench trial convictions as principal in the second degree on felony firearm charges, abduction, and robbery of a business; the combination of circumstantial evidence proves defendant aided her boyfriend’s armed robbery of a clothing store and its customers, she knew and shared his intent to use a firearm to [...]]]></description>
		<link>http://valawyersweekly.com/2012/05/18/robber%e2%80%99s-girlfriend-guilty-as-principal/</link>
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