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Author Archives: Virginia Lawyers Weekly

Temporary ex parte order does not satisfy SIJ requirements (access required)

A temporary ex parte custody order did not qualify as a state court custody order sufficient to meet the requirements necessary for plaintiff to obtain special immigrant juvenile status. Background Under 8 U.S.C. §1101(a)(27)(J), immigrant children may become lawful permanent ...

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First Amendment rights not violated by revocation of privileges (access required)

Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment. Background Plaintiff David McClure is the president ...

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Defective indemnity letter bars auto crash appeal (access required)

Where defendant became liable for damages arising from an accident involving a leased vehicle, his circuit court appeal is dismissed because a letter from the vehicle’s owner was not a “written irrevocable confirmation of indemnity coverage” for appeal purposes. There ...

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City council member can contest zoning decision (access required)

Petitioner, a member of the Petersburg City Council, is an “officer of the locality” within the meaning of Code § 15.2-2311, and as such, has standing to challenge a decision made by respondent city’s zoning administrator regarding residential use of ...

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Private prison investigator failed to give ‘Miranda’ warning (access required)

Where a private prison investigator failed to give Miranda warnings to a prisoner before questioning him about possession of contraband, and the trial judge granted a motion to suppress, that judgment is affirmed. Background Brandon Briggs was incarcerated at the ...

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