Search for: "Commonwealth Of Virginia"
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13 Sep, 2008 8:08 am
... "no" reversing its own six month old ruling to the contrary. Jaynes v Commonwealth, Virginia
Supreme Court No. 06-2388. Jeremey Jaynes was convicted in 2004 ... AOL by a corrupt employee. Mr. Jaynes was the first person tried under a 2003 Virginia anti-spam law. A Loudoun Circuit Court judge sentenced Mr. Jaynes ... Amendment,' "By prohibiting false routing information in the dissemination of
e-mails," the court ruled, Virginia's anti-spam law "infringes on that protected right." Justice Agee noted ...
6 Mar, 2007 9:56 pm
... judge - was in charge of courthouse security and that the sign posed a security risk." At trial, Judge Baskervill testified against the sheriff over the sheriff's objection. The
Court of Appeals reversed the conviction, but the Commonwealth appealed. The Supreme Court noted that the Virginia Code permitted a judge to testify in a court case only if the judge was a "victim." In this case, the judge "did not ...
30 Apr, 2007 3:05 am
Apparently the judges were offended enough by the alleged comments of the Virginia Beach Commonwealth's Attorney Harvey Bryant that all nine requested the Virginia State Bar to investigate. The dispute
arose from Bryant's address at a Republican breakfast meeting where he was alleged to say that he "was keeping a record of all the 'illegal conduct' of Virginia Beach judges 'until I need it.' " Bryant said the allegations have no merit, but in this follow-up article, he ...
16 Mar, 2007 2:30 am
... County judge . . . removed the Halifax commonwealth's attorney's office from a case after the defendant's attorney argued that a prosecutor
made threatening comments" concerning the defendant. To be fair, the conversation at issue appears to have been between the Deputy Commonwealth's Attorney and "a former co-worker and friend," but that friend is now an employee of the defendant's attorney. The alleged comments were : if
the defendant was not convicted, the prosecutor was going to "get" him ...
22 Mar, 2007 4:41 am
The Virginia Supreme Court announced three more cases it has granted appeals, all criminal matters. One of the cases, Commonwealth v. Selph, has an interesting fact pattern. After the jury returned a guilty verdict at his robbery trial, Mr. Selph turned to one of the
witnesses, his nephew, and said "You're dead." Later, when being led from the courtroom, Mr. Selph "'turned again' in [his nephew's] direction, put his left hand to his temple, 'with
[his] ...
21 Mar, 2007 10:16 am
Michael McGinty's appointment to the York-Poquoson General District Court bench left an opening for the Commonwealth's Attorney position in
Williamsburg/James City County. So far, two attorneys have expressed interest: Nate Green and Richard Hill.?alt=rss
12 Jun, 2007 2:27 am
This Daily Press article confirmed our report from yesterday: Nate Green defeated Richard Hill 644-452 in the Republican primary for the Williamsburg/JCC Commonwealth's Attorney vacancy. It is assumed that the current deputy, Sandy Conyers, will not oppose Mr. Green.?alt=rss
3 May, 2007 1:05 am
Commonwealth's Attorney Harvey Bryant supposedly shared his cover letter to the judges, in which he included his response to the bar complaint,
with a columnist for the Virginian Pilot. For what it's worth, here is the text.?alt=rss
27 Feb 7:44 pm
... group helping to benefit seniors, as well as a $1 million grant to the Virginia Health Care Foundation to provide mental health services in
the Commonwealth. This announcement comes on the heels of millions of dollars in other grants announced over the ... will take an Attorney
General with vision and conviction. It will take an Attorney General who understands exactly what the Virginia Fraud Against Taxpayers Act is
for--or at least, one who will put people who understand the statute in the right ...
19 Feb, 2008 12:59 am
... first filing under the statute followed shortly thereafter, in April of 2003 with the case captioned as Virginia Turf Management Associates
and the Commonwealth of Virginia v. Mary Susan Resolute, et. al. The case was filed in the Circuit
... complaint. The complaint in Virginia Turf Management did not include these allegations, but it was not crucial, as the Commonwealth intervened. We will present more of the public information from this case in future postings, but in the meantime, please feel ...
3 Apr, 2008 1:39 am
... to a higher office. There have been mentions, of course. An excellent presentation was given the Finance Committee of the Virginia Senate,
for example, on the Purdue Settlement, which accounted for tens of millions of dollars being returned to Virginia taxpayers. But as ... ignore
the tens of millions recovered from large pharmaceutical companies who stole money from the Commonwealth. To do so ignores the hard work and
dedication of Virginia's world-class Medicaid Fraud Control Unit and the entire ...
14 Jan 6:52 am
... the state income taxes, the defendant was charged and convicted of violating Virginia Code § 18.2-111 for embezzling money belonging to the
Commonwealth. The Court of Appeals sustained the conviction. The fact that the defendant continued to use ... they are no longer the property
of the employer or the employee. . . . Such funds are held in trust for the benefit of the Commonwealth and are not the property of the
employer." The physician here was convicted for four felony counts of embezzlement ...
14 Mar, 2007 10:30 pm
... defendant beyond the scope of direct examination. The case is Drumgoole v. Commonwealth, 26 Va. App. 783 (1998). In Drumgoole, the
Virginia Court of Appeals affirmed a conviction where the prosecutor cross- ... Drumgoole, 26 Va. App. at 786). Drumgoole quotes further from
Smith v. Commonwealth, 182 Va. 585: "To confine the cross-examination of the accused to such matters as have ... v. Commonwealth, 182 Va.] at 600-01, 30 S.E.2d at 32." Drumgoole, 26 Va. App. at 786-87. There you have it, the Virginia ...
27 Feb, 2008 1:03 am
... attempted by construction companies on contracts with the federal government are not being attempted on state and local governments across the Commonwealth. The opinion of this writer is that county governments are too quick to throw up their hands when counties do not ... goods or services for which
they paid. The result is that counties are in a constant state of crises for funds. If the Commonwealth of Virginia recovered more than $117 million dollars last year using the Virginia Fraud Against ...
10 May, 2008 4:29 am
... the first complaint filed under the VFATA, along with the first "Notice of Intervention" ever filed by the Office of the Attorney General in Commonwealth of Virginia ex rel. Va. Turf Management v. Resolute, et al. As a recap, and because ... counsel,
prepares a lengthy, detailed disclosure of all of the material evidence they have, and submits this disclosure to the Virginia Office of the
Attorney General. The party initiating the action is often called the "relator" instead of "plaintiff." At this ...
5 Mar 6:30 am
... the ministerial act exception to sovereign immunity, such that it increasingly has gained traction in the circuit courts throughout the Commonwealth. Not surprisingly, much of their progeny are cases about the ministerial act of driving. E.g., Lake, supra (law ... has not applied the four part
analysis to [of James] to cases where ministerial acts were involved. See, First Virginia Bank-Colonial." Id. A court finding of ministerial
act is dispositive of the analysis. In MFC in 1986, a state police ...
25 Mar 11:43 am
... . Simply put, people with first-hand, non-public knowledge of fraud against the Commonwealth should contact a private qui tam attorney with
experience litigating Virginia Fraud Against Taxpayers Act cases and/or federal False Claims Act ... that way than you will be sending an email
to your state Senator. IMHO, the biggest factor leading to fraud on the Commonwealth is our complete lack of civil enforcement from the OAG.
(That is, of course, outside of the award winning MFCU unit within the OAG). ...
5 Nov, 2008 8:23 am
... will pay $640,000 dollars to settle allegations that it failed to deliver unclaimed property to the Commonwealth of Virginia as part of a settlement under the Virginia Fraud Against Taxpayers Act. The Order, entered by the Circuit
Court for the County ... fees to a prevailing party. As an incentive, relators who "blow the whistle" receive a share of any money recovered by the Commonwealth. Despite the statutes' incredible incentives, it has seen very little use by the private bar since becoming law ...
3 Mar 12:49 pm
... hereby adopted in lieu thereof. In the event of conflicts with this State's Constitution that may arise with statutory provisions of the Commonwealth of Virginia, such conflicts shall be addressed as they may arise. NOTE: The purpose of this bill is ...
of West Virginia, 1931, as amended, and to adopt in lieu thereof, the Code of the Commonwealth of
Virginia. It also provides that constitutional conflicts that may arise by the adoption of said code shall be addressed at the time they are
identified.
30 Oct, 2008 7:28 am
... new opinion after granting a petition for rehearing pursuant to Rule 5:39 of the Rules of Supreme Court of Virginia. That Rule provides
that: "No petition for rehearing shall be allowed unless one of the justices who decided the ... express their views anonymously as did Thomas Paine during the founding of our country."
Jaynes v. Commonwealth, 275 Va. 341, 367-68 (2008). The new opinion also addressed the Commonwealth
of Virginia's argument that 18.2-152.3:1 was in the "form of trespass and thus not ...
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