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Tag Archives: Supreme Court of Virginia

Evidence from warrantless vehicle search in driveway admissible (access required)

Although the U.S. Supreme Court has held that the Fourth Amendment’s automobile exception does not permit a police officer who lacks a warrant or an invitation to enter a home’s curtilage to search a parked vehicle, evidence seized under those ...

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Counsel’s failure to appear due to illness warranted continuance (access required)

Where the circuit court sua sponte dismissed plaintiff’s personal injury case with prejudice after counsel informed the court and opposing counsel that he was too ill to appear for trial, the court abused its discretion by denying plaintiff’s motion for ...

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Claims against condo directors barred by statute of limitations (access required)

A two-year statute of limitations bars a condominium association’s claims that former directors breached fiduciary duties, and conspired to do so, by failing to levy sufficient assessments to maintain reasonable reserve and operating accounts during their tenure. Further, the statute ...

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Evidentiary hearing required for actual innocence claim (access required)

Where defendant petitioned for a writ of actual innocence based on nonbiological evidence, the Court of Appeals abused its discretion by dismissing the petition without ordering an evidentiary hearing. The appeals court concluded defendant did not prove the truth of ...

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