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Tag Archives: Virginia Court of Appeals

Prison guard’s termination for fraternizing upheld (access required)

Where the Virginia Department of Corrections discharged appellee corrections officer after determining she fraternized with a former prisoner, the circuit court incorrectly reversed the VDOC and awarded her $17,000 in attorney fees. Background Montgomery, the appellee, had worked as a ...

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Evidence incorrectly suppressed in child pornography case (access required)

The trial court erred by concluding that although the police lawfully acquired appellant’s portable hard drive, known to contain child pornography images, keeping the hard drive became an unreasonable seizure because the police waited more than a month before getting ...

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Issue presented on appeal not raised in trial court (access required)

Where appellant was convicted of practicing a profession or occupation without a valid license, his conviction is affirmed because the argument he presented on appeal was never presented to the trial court. Background Two homeowners directed their real estate agent, ...

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Protective order service return statements not testimonial (access required)

Where appellant was convicted of attempting to obtain a firearm while subject to a protective order, he had no right to confront and cross-examine the deputy who completed the certificate of service reflecting that appellant was personally served with an ...

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Record supports finding claimant could return to work (access required)

Where each of claimant’s treating physicians concluded that he could return to work, the workers’ compensation commission correctly terminated his open temporary total disability benefits award. Further, the commission correctly determined the employer was not liable for the costs of ...

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Incest conviction for sex with adult stepdaughter affirmed (access required)

Where appellant pleaded guilty to committing incest by having sexual intercourse with his 18-year-old stepdaughter, conditioned on appealing “on the sole basis that the circuit court erred ‘when it refused to find that Virginia Code § 18.2-366 is unconstitutional when ...

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