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  • Commentaries
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Virginia Case Commentaries

Establishing Probable Cause through Reliable Narcotics Detection Dog Alerts: Fairley D. Jones v. Commonwealth of Virginia

Establishing Probable Cause through Reliable Narcotics Detection Dog Alerts: Fairley D. Jones v. Commonwealth of Virginia

Date: Jan 17, 2009
Establishing Probable Cause through Reliable Narcotics Detection Dog Alerts: Fairley D. Jones v. Commonwealth of Virginia Introduction Fairley D. Jones v. Commonwealth of Virginia is a pivotal case...
Admissibility of Juvenile Records for Prior Felony Convictions: McMillan v. Commonwealth of Virginia

Admissibility of Juvenile Records for Prior Felony Convictions: McMillan v. Commonwealth of Virginia

Date: Jan 17, 2009
Admissibility of Juvenile Records for Prior Felony Convictions: McMillan v. Commonwealth of Virginia Introduction WILLIS ALEXANDER McMILLAN v. COMMONWEALTH OF VIRGINIA is a pivotal case adjudicated...
Enhancing Burden of Proof in Breach of Contract Claims: Sunrise Continuing Care, LLC v. James F. Wright

Enhancing Burden of Proof in Breach of Contract Claims: Sunrise Continuing Care, LLC v. James F. Wright

Date: Jan 17, 2009
Enhancing Burden of Proof in Breach of Contract Claims: Sunrise Continuing Care, LLC v. James F. Wright Introduction The case of Sunrise Continuing Care, LLC v. James F. Wright, et al. (277 Va. 148)...
Establishing Valuation Thresholds in Grand Larceny: Insights from Richard L. Britt v. Commonwealth of Virginia

Establishing Valuation Thresholds in Grand Larceny: Insights from Richard L. Britt v. Commonwealth of Virginia

Date: Nov 1, 2008
Establishing Valuation Thresholds in Grand Larceny: Insights from Richard L. Britt v. Commonwealth of Virginia Introduction The case of Richard L. Britt v. Commonwealth of Virginia (276 Va. 569)...
Virginia Supreme Court Clarifies Limitations on Constructive Fraud Claims: Future Promises Do Not Constitute Fraud

Virginia Supreme Court Clarifies Limitations on Constructive Fraud Claims: Future Promises Do Not Constitute Fraud

Date: Sep 13, 2008
Virginia Supreme Court Clarifies Limitations on Constructive Fraud Claims: Future Promises Do Not Constitute Fraud Introduction In the case of Supervalu, Inc., et al. v. Jonathan F. Johnson (276 Va....
Affirmation of Statutes of Limitation in Mortgage Fraud Cases: Schmidt v. Household Finance Corp.

Affirmation of Statutes of Limitation in Mortgage Fraud Cases: Schmidt v. Household Finance Corp.

Date: Jun 7, 2008
Affirmation of Statutes of Limitation in Mortgage Fraud Cases: Schmidt v. Household Finance Corp. Introduction In the landmark case of Schmidt v. Household Finance Corporation, II, d/b/a Household...
Porter v. Commonwealth of Virginia: Affirmation of Capital Murder Conviction and Death Sentence

Porter v. Commonwealth of Virginia: Affirmation of Capital Murder Conviction and Death Sentence

Date: Jun 7, 2008
Porter v. Commonwealth of Virginia: Affirmation of Capital Murder Conviction and Death Sentence Introduction The Supreme Court of Virginia, in the case of Thomas Alexander Porter v. Commonwealth of...
Probable Cause Standards in Sexually Violent Predator Commitments: Insights from COMMONWEALTH OF VIRGINIA v. KENNETH EDWARD JACKSON

Probable Cause Standards in Sexually Violent Predator Commitments: Insights from COMMONWEALTH OF VIRGINIA v. KENNETH EDWARD JACKSON

Date: Jun 7, 2008
Probable Cause Standards in Sexually Violent Predator Commitments: Insights from COMMONWEALTH OF VIRGINIA v. KENNETH EDWARD JACKSON Introduction COMMONWEALTH OF VIRGINIA v. KENNETH EDWARD JACKSON...
Limits on Pat-Down Searches during Traffic Stops: McCAIN v. COMMONWEALTH

Limits on Pat-Down Searches during Traffic Stops: McCAIN v. COMMONWEALTH

Date: Apr 19, 2008
Limits on Pat-Down Searches during Traffic Stops: McCAIN v. COMMONWEALTH Introduction Parties Involved: Tyrone Junior McCain (Appellant) vs. Commonwealth of Virginia (Appellee). Court: Supreme Court...
Clarifying Appellate Procedure: The Non-Jurisdictional Nature of Rule 5A:20(e) in Jay v. Commonwealth and James v. Commonwealth

Clarifying Appellate Procedure: The Non-Jurisdictional Nature of Rule 5A:20(e) in Jay v. Commonwealth and James v. Commonwealth

Date: Apr 19, 2008
Clarifying Appellate Procedure: The Non-Jurisdictional Nature of Rule 5A:20(e) in Jay v. Commonwealth and James v. Commonwealth Introduction The Supreme Court of Virginia's decision in Robert Lee Jay...
Sixth Amendment Rights and Summary Contempt Adjudications: Analysis of GILMAN v. COMmonwealth

Sixth Amendment Rights and Summary Contempt Adjudications: Analysis of GILMAN v. COMmonwealth

Date: Mar 1, 2008
Sixth Amendment Rights and Summary Contempt Adjudications: Analysis of GILMAN v. COMmonwealth Introduction Tina GILMAN v. COMmonwealth of Virginia, 275 Va. 222 (Sup. Ct. Va. Feb. 29, 2008), addresses...
Maxwell v. Commonwealth of Virginia: Establishing Standards for Constructive Possession of Narcotics

Maxwell v. Commonwealth of Virginia: Establishing Standards for Constructive Possession of Narcotics

Date: Mar 1, 2008
Maxwell v. Commonwealth of Virginia: Establishing Standards for Constructive Possession of Narcotics Introduction Jayson Franklin Maxwell v. Commonwealth of Virginia, 275 Va. 437 (2008), is a...
PHELPS v. COMMONWEALTH of Virginia: Expanding 'Person' in Endangerment Statutes

PHELPS v. COMMONWEALTH of Virginia: Expanding 'Person' in Endangerment Statutes

Date: Jan 12, 2008
PHELPS v. COMMONWEALTH of Virginia: Expanding 'Person' in Endangerment Statutes Introduction Harlan Anthony Phelps, S/K/A Harlan Anthony Phelps, II v. Commonwealth of Virginia (275 Va. 139) is a...
Reaffirming Consent Search Standards under the Fourth Amendment: Malbrough v. Commonwealth

Reaffirming Consent Search Standards under the Fourth Amendment: Malbrough v. Commonwealth

Date: Jan 12, 2008
Reaffirming Consent Search Standards under the Fourth Amendment: Malbrough v. Commonwealth Introduction Ronald Wayne Malbrough, Jr. v. Commonwealth of Virginia (275 Va. 163, 2008) is a pivotal case...
Constructive Possession of Firearms in Drug-Related Convictions: Insights from BARAKA BOLDEN v. COMMONWEALTH OF VIRGINIA

Constructive Possession of Firearms in Drug-Related Convictions: Insights from BARAKA BOLDEN v. COMMONWEALTH OF VIRGINIA

Date: Jan 12, 2008
Constructive Possession of Firearms in Drug-Related Convictions: Insights from Baraka BOLDEN v. COMMONWEALTH of Virginia Introduction The case of Baraka BOLDEN v. COMMONWEALTH of Virginia, decided by...
Apparent Authority in Third-Party Consent: Expanding the Scope in Fourth Amendment Searches

Apparent Authority in Third-Party Consent: Expanding the Scope in Fourth Amendment Searches

Date: Jan 12, 2008
Apparent Authority in Third-Party Consent: Expanding the Scope in Fourth Amendment Searches Introduction Keith I. GLENN v. COMmonwealth of Virginia, 275 Va. 123 (2008), adjudicated by the Supreme...
Restitution Must Directly Result from Offense: Howell v. Commonwealth of Virginia

Restitution Must Directly Result from Offense: Howell v. Commonwealth of Virginia

Date: Nov 3, 2007
Restitution Must Directly Result from Offense: Howell v. Commonwealth of Virginia Introduction The case of Lloyd Daren Howell v. Commonwealth of Virginia (274 Va. 737) presents a pivotal examination...
Supreme Court of Virginia Upholds Postrelease Supervision as Constitutional under Sixth Amendment

Supreme Court of Virginia Upholds Postrelease Supervision as Constitutional under Sixth Amendment

Date: Nov 3, 2007
Supreme Court of Virginia Upholds Postrelease Supervision as Constitutional under Sixth Amendment Introduction This commentary examines the judgment in ANDREW ROBERT ALSTON v. COMMONWEALTH OF...
Mandatory Compliance with FOIA Response Protocols by Public Authorities in Security Contexts: Analysis of Fenter v. Norfolk Airport Authority

Mandatory Compliance with FOIA Response Protocols by Public Authorities in Security Contexts: Analysis of Fenter v. Norfolk Airport Authority

Date: Sep 15, 2007
Mandatory Compliance with FOIA Response Protocols by Public Authorities in Security Contexts: Analysis of Fenter v. Norfolk Airport Authority Introduction The case of John H. Fenter v. Norfolk...
Interpretation of 'Residential Purposes' in Restrictive Covenants: Ambiguity Favors Property Use

Interpretation of 'Residential Purposes' in Restrictive Covenants: Ambiguity Favors Property Use

Date: Jun 9, 2007
Interpretation of 'Residential Purposes' in Restrictive Covenants: Ambiguity Favors Property Use Introduction WILLIAM D. SCOTT, ET AL. v. DONALD F. WALKER, ET AL. is a pivotal case decided by the...
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