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Opinion Digests

Criminal – Ineffective Assistance – Conflict Of Interest – Lawyer's Knowledge Of Drug Supplier (access required)

Although defendant initially raised his claims of ineffective assistance of counsel due to a conflict of interest in an untimely Fed. R. Crim. P. 33 motion alleging “newly discovered evidence,” defendant nevertheless was entitled to an evidentiary hearing on his ...

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Insurance – Use Of Vehicle – Passenger Fatally Shot (access required)

Where a 17-year-old girl was fatally injured by a gunshot as she sat in the passenger seat of her boyfriend’s car in a convenience store parking lot, neither the insurance company for the boyfriend’s car nor the insurance company through ...

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Criminal – Habeas Corpus – Capital Murder – Fellow Inmate – Perjury (access required)

Although petitioner contends he was convicted of capital murder by burning of a fellow inmate on the perjured testimony of another inmate, who committed the murder himself and who has since recanted his testimony incriminating defendant, these federal habeas claims ...

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Zoning – Appeals – Administrator's Appeal Of Own Decision (access required)

Where the zoning administrator in 1981 erroneously issued a non-residential use permit to allow the owner to operate a car repair business in an area zoned as a “residential estate district,” but the owner continued to operate the business after ...

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Search & Seizure – Consent – Withdrawal (access required)

The Court of Appeals did not err in ruling that 1) the appellant consented to a search of his person for the purpose of determining whether he possessed any illegal narcotics and 2) the defendant did not withdraw that consent ...

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Property – Survivorship Rights – Joint Tenants (access required)

Although the deed conveyed land to the grantees “as joint tenants, and not as tenants in common,” the trial court erred in holding that this language was sufficient to create an estate with survivorship. Virginia Code § § 55-20 and ...

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