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201 East City Hall Avenue
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Norfolk, VA 23510
(757) 457-8398

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McPhillips Legal Research: Research and Writing Services for Attorneys-Newsletter

Summer, 2005

Articles in this issue:

Celebrity Legal Issues: After All, He Didn’t Name his New Yacht the Yoohoo, Here I Am! or the Looky at Me!

Issue: Did the company that built Tiger Woods’ new yacht Privacy breach the sales contract’s confidentiality provision by publicizing the deal in yachting magazines and at trade shows? Eldrick “Tiger” Woods v. Christensen Shipyards, (S.D. Fla, Oct. 29, 2004).

Virginia Legal Matters: And Then They Just Gave Me the Keys to That Car; Yeahhh, That’s What Happened.

Issue: Was the evidence sufficient to convict the defendant of grand larceny under Va. Code Ann. § 18.2-95? Covil v. Commonwealth, 268 Va. 692, 604 S.E.2d 79 (2004).

It is not a Finger, it’s a Gun! It is Too a Gun! Is Too! Is Too!

Issue: Was the defendant guilty of use a firearm in violation of Va. Code Ann. § 18.2-53.1 where the defendant did not actually have a gun? Powell v. Commonwealth, 268 Va. 233, , 602 S.E.2d 119 (2004).

National Legal Matters: Doggie Death Penalty Struck Down! Murphy the Dog is a Nice Pooch After All.

Issue: Did the trial judge abuse his discretion in upholding the state’s recommended destruction of a doggie? State v. Lesoing-Dittoe, 693 N.W.2d 261 (Neb. 2004).

A Note from Ed McPhillips

A New Office for Ed; Appeal for Appeals

Gratuitous
Lawyer Joke

A woman was being questioned in a court trial involving slander. "Please repeat the slanderous statements you heard, exactly as you heard them," instructed the lawyer. The witness hesitated. "But they are unfit for any respectable person to hear," she protested. "Then," said the attorney, "just whisper them to the judge."

Some of you had the opportunity to see my original office with its luxurious worn carpet, incomparable view of the Federal Building parking lot, and slapdash paint job (completed by yours truly). Well, on November 1, 2004, I moved my office… 15 feet down the hall!

My contact information [see above] is the same, but I am now in an office that has a better color scheme, nicer carpet, and improved views. I was sharing the space with Tim Koehl of Legal Video Solutions, Inc., who has since moved downstairs. Tim does video depositions, photography, and litigation-related multimedia, such as demonstrative evidence and day-inthe- life documentaries. Enclosed is some information for Tidewater attorneys interested in such services. Tim and I went to grade school together, so, while I have little technical knowledge with which to judge his electronic exploits, I can certainly vouch for his dexterity in eighth grade in kicking paper footballs. Actually, Tim is highly professional and conscientious and provides top-shelf audio-visual services to litigation-related practices.

As for me, I continue to enjoy working on my clients’ array of intellectually stimulating cases. Lord knows, my intellect needs stimulation. I have been especially busy in preparing briefs in state and federal app eals. I do a lot of appellate practice, so please spread the word to your litigious colleagues! My new, grand views down both Monticello Avenue and City Hall Avenue surely inspire me to do my best work. Or maybe it distracts me. Deadlines are good things.