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Tag Archives: Justice Elizabeth A. McClanahan

SCV: Totality of circumstances justified vehicle search (access required)

When the search of a driver who’d appeared nervous and fidgety produced a digital scale with apparent cocaine residue on it, the circumstances supported probable cause for officers to search his vehicle, where they found drugs and a handgun. Background ...

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SCV: Teaming agreement didn’t create binding subcontract (access required)

After a $12 million jury award on breach-of-contract and fraudulent inducement claims, the circuit court did not err in vacating the verdict. Lost profits are not recoverable for a fraudulent inducement claim when they are premised on the unenforceable provisions ...

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SCV: “Infinity” value made formula unenforceable (access required)

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

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SCV: Front-yard noose display was in a “public place” (access required)

A black mannequin hanging from a noose in the defendant’s front yard was in a “public place” because it was clearly visible from a public road. Background Appellant Jack Eugene Turner lived on property adjoining a public road. Several other ...

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In Forma Pauperis – Inmate Trust Accounts – “Deposits” (access required)

Grethen v. Robinson (VLW No. 017-6-092, 8pp.) (McCullough, J.) (McClanahan, J., dissenting) Record No.  161417. Holding: Where the plaintiff-inmate has an account into which “deposits” are placed but, under Department of Corrections Operating Procedure, these funds are used to satisfy ...

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Let no man put asunder… (access required)

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A hard-fought battle over the technicalities of getting married in Virginia has been resolved with a narrow judicial preference for the validity of marriage over formulaic procedure. The backyard wedding of Richard Levick and Deborah MacDougall in 2002 – with ...

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Commonwealth Established Intent for Indecent Liberties (access required)

Regardless of whether a particular photograph displayed “sexual parts,” a teacher who engaged in a series of provocative texts with an 11-year-old student was properly convicted under Code § 18.2-374.3(B) of using a cell phone for “purposes of procuring or ...

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Five equal pieces (access required)

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A three-year family fight over owner­ship of a matri­arch’s home in the Rich­mond suburbs may be starting over now that the Supreme Court of Virginia has ordered a new trial. The court reversed a Henrico County judge’s decision to ex­clude ...

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