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Tag Archives: Virginia Circuit Courts

Va. Cir.: Gun seen from beyond “path of consent” will be suppressed (access required)

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

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Va. Cir.: City’s red-light cameras constitutional (access required)

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

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Va. Cir.: No prejudice resulted from plea agreement withdrawal (access required)

Despite the defendant’s previous waiver of a preliminary hearing related to drug charges against him, he was not entitled to enforcement of an alleged oral plea agreement with a new prosecutor in his case. Background Defendant Sophann Mao was arrested ...

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Va. Cir.: Misdemeanor conviction bars felony records expungement (access required)

Possession of marijuana with intent to distribute – a misdemeanor – is a lesser-included offense of the felony of distribution of more than half an ounce but less than 5 pounds of marijuana. A petitioner convicted of the misdemeanor was ...

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Woman suffered brain damage, died at nursing home – $450,000 Settlement (access required)

Jane Doe was a patient at a nursing home, rehabbing from a stroke. She had an underlying condition that required a tracheostomy and had a permanent trach. Doe was alert and summonsed help because she was having difficulty breathing. Help ...

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Va. Cir.: Implied agreement replaced family support obligations (access required)

Despite a support order entered in 2004, a husband didn’t owe arrearages dating to 2006. He’d stopped paying when the couple reconciled, resumed living together as husband and wife, and had two more children supported solely by the husband’s income. ...

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Va. Cir.: “Unsigned” contract qualifies for 5-year limitations period (access required)

The material terms of the parties’ contract for services were committed to writing in daily sales tickets and an invoice for hours of services performed. Absent additional conditions agreed upon by the parties, an unsigned writing can be a written ...

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Va. Cir.: Wife didn’t misrepresent intent to stay married (access required)

A wife was entitled to enforce a marital agreement’s division of assets in the event of divorce. The evidence did not support her husband’s claim that she fraudulently induced him to sign the agreement by misrepresenting her intention to continue ...

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Va. Cir.: Ex parte hearing granted, but before different judge (access required)

An indigent defendant facing two life sentences for rape and related offenses can argue ex parte why he requires expert assistance, but he must make his case to a circuit judge other than the one presiding over the case. Background ...

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Va. Cir.: Marijuana odor not supported by body cam footage (access required)

Officers’ recollection that a strong marijuana odor emanated from a vehicle wasn’t consistent with video of their search: The car doors were closed, the marijuana discovered was raw and enclosed, and the officers never mentioned the odor before the search. ...

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