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Author Archives: Virginia Lawyers Weekly

Forged check is basis for identity theft charge (access required)

Where appellant made a stolen check payable to herself, forged the check owner’s signature, used her own driver’s license as identification but left the bank before completing the transaction, she was properly charged with attempted identity theft. Identifying information “Code ...

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Accommodation defense rejected in heroin case (access required)

The circuit court correctly rejected appellant’s accommodation defense, which would have entitled him to a lesser punishment for possessing heroin with intent to distribute. The accommodation evidence offered was unrelated to the transaction for which he was convicted. Background Appellant ...

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Insufficient evidence for constructive ammo possession (access required)

Where the commonwealth presented evidence that appellant’s prescription medication, his valid debit card and his expired school identification card were found the same bedroom with handgun and rifle ammunition but never established that he was present when the bullets were ...

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Complaint to enforce support agreement properly dismissed (access required)

The circuit court correctly dismissed appellant’s complaint that alleged appellee breached an agreement to pay child support. The agreement was never incorporated into the circuit court’s final divorce order and, based on appellant’s representation that the JDR court had addressed ...

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Amended complaint sufficiently alleges special relationship (access required)

In this case arising from plaintiff’s allegations that another student assaulted her on a school bus, where the court previously sustained a demurrer to plaintiff’s claim that defendant school officials assumed a duty to protect her, the court’s grant of ...

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