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Tag Archives: Virginia Court of Appeals

CAV: Reference to prior robbery didn’t warrant mistrial (access required)

Despite a pretrial order barring testimony regarding the defendants’ prior robberies, a witness’s brief reference to a “previous” robbery did not explicitly link this robbery to either defendant. The trial court did not err in giving a curative instruction rather ...

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CAV: Request to “see” pill bottle included its contents (access required)

When a citizen conversing voluntarily with police gave them the unlabeled pill bottle in his pocket, he consented to inspection of both the outside and inside. The trial court erred in suppressing the contents. Background At around 10:30 p.m. on ...

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CAV: Psychological report admission was harmless error (access required)

Even if the circuit court erred in admitting a psychological evaluation that had not been considered by the Juvenile & Domestic Relations Court, the totality of evidence supporting termination of parental rights made any such error harmless. Background In 2003, ...

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CAV: Defendant relied on “police officer” at his peril (access required)

Evidence was sufficient to uphold the defendant’s conviction for failing to provide required identifying information after causing an auto accident. The defendant claimed that he didn’t talk to the other driver because she was “hysterical” and instead gave the appropriate ...

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CAV: Father didn’t protect child from mother’s mental problems (access required)

The trial court didn’t err in terminating a father’s parental rights based in part on his responses to the child’s mother’s psychological problems, either abandoning the child with the mother during stressful moments or expecting the child to “get used ...

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CAV: Employee termination for unethical conduct upheld (access required)

A Department of Social Services employee who worked in secret for a Department contractor had adequate opportunities for notice and hearing in the proceedings leading to his termination. Background Appellant John Carpenter was employed as the Supplemental Nutrition Assistance Program ...

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