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Tag Archives: Judge James W. Haley Jr.

Administrative – ABC License – Preserving Issues (access required)

The Court of Appeals upholds a circuit court decision that affirmed revocation of an ABC license for “Smitty’s Place” in Amherst County. In the trial court, as well as here, Smitty’s substantively challenged the violations by raising issues of statutory ...

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Search & Seizure – Warrantless Entry – Exigent Circumstances – Anonymous Tip (access required)

A police officer who came to defendant’s apartment minutes after getting an anonymous tip that “‘a white male named Jimmy Smith and a black male named Bobby’ were inside the residence and Bobby was selling drugs to Jimmy,” and who ...

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Criminal – Construction Fraud – Jury Instruction – Comment On Evidence (access required)

At a contractor’s trial for construction fraud in violation of Va. Code § 28.2-200.1, the trial court erred in basing a jury instruction on another case that cited evidence such as failure to apply for a permit and failure to ...

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Criminal – Abduction – Cross-Exam Limitation – Phone Calls (access required)

A defendant cannot overturn his conviction for abducting his girlfriend in violation of Va. Code § 18.2-47 because his claims about the trial court’s limitation of his cross-examination of the victim are procedurally barred, the Court of Appeals says. Defendant’s ...

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