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Rape: After a Man is Convicted of Rape on Eyewitness Testimony, the Prosecutor Can Charge and Convict Another on DNA Evidence Years Later

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The Virginia Court of Appeals has held that the Commonwealth’s Attorney can shift factual theories of a crime to convict two different people of the same crime. In 1987, the Commonwealth tried and convicted Lorenzo Williams of Rape and Murder.  The rape victim testified that he had raped her. In 2005, Governor Warner ordered all old cases with biological evidence be tested for DNA.  In 2010, such a test revealed that Mr. Williams was not

Rape: After a Man is Convicted of Rape on Eyewitness Testimony, the Prosecutor Can Charge and Convict Another on DNA Evidence Years Later Read More »

Company’s Failure to Object at Trial May Have Cost It Millions

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In a complex civil matter, the founder and CEO of a large publicly traded on-line banking company sued his former company for millions after he was voted off as CEO.  The company, Online Resources Corporation (ORC), appealed the decision after a Fairfax County jury decided it was liable to pay over $5 million in compensatory damages and over $2 million in attorney’s fees.  On appeal, the Virginia Supreme Court upheld the trial court’s decision on

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Virginia Supreme Court Hears Appeal in Wrongful Death Case Involving a Widower and His Attorney Destroying Facebook Evidence

Civil / Business Law, Uncategorized / By

In one of the largest wrongful death cases Virginia has ever seen, a jury awarded a Plaintiff over $6 million dollars to compensate him for the death of his wife in a motor vehicle accident.  The driver of the other vehicle was an employee of Allied Concrete Company, and lost control of his loaded concrete truck, causing it to tip over and land on the vehicle occupied by Plaintiff and his wife.  The wife’s injuries

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Obama’s Recess Appointments to the NLRB are Invalid; All Labor Decisions for 2012 are Invalid

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A federal Appeals Court invalided President Obama’s “recess” appointments to the National Labor Relations Board (“NLRB”).  All of the Board’s actions for 2012 are invalid.  (Do the taxpayers get a refund?)  No new rulings from the Board are possible until members are validly appointed and there is a quorum.  Without the “recess” appointments, the Board now has only a single member. An independent government agency, the NLRB investigates and prosecutes unfair labor issues and runs

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When the Prison System Violates a Court Order to the Disadvantage of a Defendant, Tough Luck Says Court of Appeals

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Courts in criminal cases don’t feel that they have equity powers.  In the latest decision wherein any layman would expect the court to act leniently, the Court of Appeals held that a defendant  who was improperly transferred to the Department of Corrections (prison) could not have his sentence modified by the Circuit Court due to lack of jurisdiction even though the Circuit Court had ordered the defendant to remain in its jurisdiction (the County jail )

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