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Opinion Digests

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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Amicus briefs OK in support of ‘tree sitters’ (access required)

The court allowed an amicus brief from an attorney involved in “various anti-pipeline matters” and a Virginia Tech assistant professor in support of two unrepresented “tree sitters,” because the brief may provide the court with information and perspective in deciding ...

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Exhibits can’t be substituted after summary judgment (access required)

After the defendant’s motion for summary judgment was granted, the plaintiff was barred from substituting exhibits she erroneously submitted to the trial court. Substitution is permitted only if the error resulted in omission in the appellate record of material reviewed ...

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County must provide info in termination suit (access required)

The court rejected the county board of supervisors’ reliance on the Virginia Freedom of Information Act to resist disclosure of closed-session discussions about the plaintiff’s termination, finding that federal law, not state law, governed. Addressing the board’s claims of attorney-client ...

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No relief for defendant convicted of aiding and abetting attempted murder (access required)

The court rejected a defendant’s argument that his conviction for aiding and abetting attempted murder does not qualify as a “crime of violence” under the §924(c)(3)(A) “force clause,” finding that just because an aspect of his conviction was attempted murder ...

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