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1986

University of Richmond

Church v. Commonwealth

Articles 1 - 2 of 2

Full-Text Articles in Law

Implied Hearsay, Ronald J. Bacigal Jan 1986

Implied Hearsay, Ronald J. Bacigal

Law Faculty Publications

Lawyers sometimes exaggerate the significance of a single sentence or footnote in a court opinion. At other times a single phrase may turn out to be a time bomb which subsequently explodes with far reaching result:i. Court watchers thus spend considerable time trying to discern what is implied within the literal language of a court's opinion. It is no small irony that one of the latest implications in a Virginia Supreme Court decision relates to the implications contained within an out-of-court statement that cannot be literally defined as hearsay. A modification of the hearsay rule, or at least the hearsay …


Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal Jan 1986

Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal

University of Richmond Law Review

Reversing a recent trend, the past year was relatively quiet with respect to search and seizure cases. The United States Supreme Court decided two cases dealing with open fields and the curtilage of a dwelling. Dow Chemical Co. v. United States held that the open areas of an industrial plant complex with numerous plant structures spread over an area of 2,000 acres are not analogous to the "curtilage" of a dwelling for purposes of aerial surveillance; such an industrial complex "is more comparable to an open field and as such is open to the view and observation of persons in …