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Opinion Digests

Criminal – Edwards Violation – Public Safety Exception – Firearm Possession By Felon – Career Criminal (access required)

Although the 4th Circuit adopts a “public safety” exception that may be applied where police need to secure an area after a defendant invokes his right to counsel but is subjected to further questioning in violation of Edwards v. Arizona, ...

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Civil Rights – Attorney's Fees – Prevailing Party (access required)

Where plaintiff wished to distribute leaflets urging legalization of marijuana use, her actions in writing letters to the City Attorney and ultimately in filing suit to protest a local ordinance that provided for pre-distribution review and approval of plaintiff’s literature ...

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Negligence – Slip & Fall – Wal-Mart Customer – Greeter's Warning (access required)

Although a greeter at defendant Wal-Mart store told plaintiff to “watch her step” as she entered the store, and although after she fell she noticed a “wet floor” sign, plaintiff nevertheless has not met her burden to demonstrate that the ...

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Tort – Misappropriation Of Trade Secrets – Customer List – Damages (access required)

Where defendant travel agency, which formerly provided discount travel services to members of plaintiff marketing company’s “Passport” service, created its own multi-level marketing company and used plaintiff’s 28,000-member “Passport” customer list to solicit Passport members to join defendant’s company, plaintiff ...

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Criminal – Death Penalty – 'Future Dangerousness' (310184) (access required)

Although the U.S. Supreme Court decided last term that when “future dangerousness” is at issue in the sentencing phase of a capital murder case, a jury is entitled to know whether a defendant is ineligible for parole, that Supreme Court ...

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Criminal – Speedy Trial Right – Separate Trials Request – Waiver Of Counsel (access required)

Although defendant requested separate trials on each of the seven counts of statutory burglary against him, this request did not constitute a request for a continuance chargeable to defendant under the Virginia speedy trial statute, Va. Code § 19.2-243, and ...

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Domestic Relations (310216) (access required)

Bifurcated Proceeding Where the trial court granted husband a divorce, but retained jurisdiction under Va. Code § 20-107.3 to complete equitable distribution of the parties’ marital property, the trial court erred in failing to find that the bifurcation was clearly ...

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