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Tag Archives: Judge W. Reilly Marchant

Amended traffic statutes are not retroactive (access required)

Where police stopped defendant for a defective tail light before statutory amendments prohibiting such stops became effective, a motion to exclude evidence based on retroactive application of the amendments is denied. Background “The Defense argues, and the Commonwealth concedes, that ...

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Legal at the time: Another judge holds traffic stop changes not retroactive (access required)

New laws limiting police traffic stops for minor offenses should not restrict prosecution of cases that arose from stops before those laws took effect, a Virginia trial judge has ruled. In Commonwealth v. Eberhardt (VLW 021-8-129), Richmond Circuit Judge W. ...

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Some demurrers sustained in Lee statue removal case (access required)

Where defendants have demurred to plaintiffs’ claims arising from the governor’s decision to remove a statue of Robert E. Lee from Monument Avenue in the city of Richmond, the demurrers are overruled in part. Overview In 1887, landowners granted a ...

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Landowners granted injunction to block Lee statue removal (access required)

Where plaintiffs, who own property near a statue of Robert E. Lee on Monument Avenue in the city of Richmond, seek an injunction to bar the governor’s decision to remove the statue, a temporary injunction is issued. Plaintiffs have established ...

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