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Entries from February 2009

Assembly elects judges

February 28th, 2009 · No Comments · General Assembly, Judicial Elections

The reappointment or election of 24 judges and two members of the Judicial Inquiry and Review Commission was the last business of the 2009 General Assembly tonight.
Both houses adjourned for the year about 8:45 p.m. after the reappointments and elections.
The reappointments were Fairfax Circuit Judge Gaylord L. Finch Jr. and the five general district judges [...]

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Fralin to retire from House

February 28th, 2009 · No Comments · General Assembly

Del. William Fralin,  R-Roanoke, told fellow delegates today he will not run for re-election this fall.  Fralin has represented the Roanoke Valley for six years.
As reported by The Roanoke Times, Fralin’s announcement on the House floor led to a round of accolades from his colleagues on both sides of the aisle.  Fralin is general counsel [...]

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Committee certifies judges

February 27th, 2009 · No Comments · General Assembly, Judicial Elections

The House Courts of Justice Committee finally got to see this afternoon the judicial performance evaluations of the first five judges to go through the process and quickly certified them to the full House, which is expected to reappoint them tomorrow.
Today was the fourth time the five – General District Judges Timothy Wright and David [...]

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Striking ‘Paid in Full’

February 27th, 2009 · No Comments · Supreme Court of Virginia, contract dispute

When parties haggle over a debt, one of them may try to get the last word by making partial payment and claiming an accord and satisfaction.
In a new case of homeowner v. plumber, the Supreme Court of Virginia says that crossing out the words “Paid in Full” on the homeowner’s check was not enough to [...]

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Order to compel arbitration can’t be appealed

February 27th, 2009 · No Comments · Supreme Court of Virginia, arbitration

The Supreme Court of Virginia ruled today that ab order to compel arbitration can’t be appealed under the Virginia Uniform Arbitration Act.
The issue arose when Northrop Grumman Systems Corp. filed a motion to compel arbitration after an employee filed a state court claim that she had been defamed in a performance evaluation.
Northrop Grumman said e-mails and [...]

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Supreme Court rules on alibi, immunity

February 27th, 2009 · No Comments · Criminal Law, Supreme Court of Virginia

After acknowledging today that it had pretty much made a mess of the alibi defense in earlier cases, the Supreme Court established clear rules for when judges must instruct on it in Cooper v. Commonwealth.
The issue arose from the trial of Jerry Lynn Cooper, who contended that he was in Clifton Force working on a [...]

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Court rules against developer in “Big Box” case

February 27th, 2009 · No Comments · Supreme Court of Virginia, Zoning

A developer who wanted to build an expected Wal-Mart store in Blacksburg will have to seek a special use permit, the Supreme Court of Virginia has ruled.
The developer argued that his rights to construct a large retail building became vested when he made proffers to obtain rezoning approval, regardless of a later change in the [...]

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No nonsuit for unqualified personal representative

February 27th, 2009 · No Comments · Civil procedure

A wrongful death suit filed by a family member who had not yet qualified as a personal representative of the decedent is a nullity and cannot be nonsuited, the Virginia Supreme Court has ruled.
Because the wrongful death statute requires that suit be filed by a decedent’s personal representative, a plaintiff who had not yet qualified [...]

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Maine claim in vain

February 27th, 2009 · No Comments · Supreme Court of Virginia

The state of Maine again has been rejected in its effort to force the return of a copy of the Declaration of Independence held by a Virginia citizen.
The Supreme Court of Virginia today brushed aside Maine’s characterization of the document as a “public record,” noting that it was created at a private print shop and [...]

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Vick may get home confinement

February 27th, 2009 · No Comments · Michael Vick

Michael Vick has been cleared for home confinement this spring because there’s no room at a halfway house.
The Richmond Times-Dispatch, citing an AP report, said that the U.S. Bureau of Prisons had cleared Vick for home confinement as early as May 21 with electronic monitoring and close supervision by a parole officer.
He will [...]

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