Domestic Relations – Adultery – Credibility – Lawyer/Witness Testimony 
By Deborah Elkins
Published: June 2, 2008
Although a lawyer/witness testified as an attorney and “an officer of this court,” there is no authority that requires the testimony of an attorney to be evaluated in this light, especially when the subject of the testimony is the personal involvement of the attorney in the private business of two citizens whose dispute is being [...]
How to Choose a staffing firm
By Bernadette Starzee
Published: June 2, 2008
(Dolan Media Newswires) According to the American Staffing Association, the top three reasons companies use a staffing firm are to fill a temporary vacancy, provide extra support during busy seasons and staff special short-term projects. Staffing firms can do all that, and more.
Staffing firms employed an average of 2.96 million temporary and contract workers per [...]
Negligence – Auto Accident – Police Officer – Sovereign Immunity 
By Deborah Elkins
Published: June 2, 2008
Plaintiffs are not entitled to a jury for determination of a police officer’s plea of sovereign immunity, and the Prince George Circuit Court finds that a reasonable fact finder could only conclude that the officer exceeded his authority when he violated speed limits in a non-emergency situation; the court denies the officer’s plea of sovereign [...]
Wine industry thriving with new distribution scheme
By Virginia Lawyers Weekly
Published: June 2, 2008
CROZET (AP) Virginia’s wine industry was saved on the stone porch of David King’s estate in the foothills of the Blue Ridge Mountains.
Court challenges had put the cork on decades-old legislation that allowed wineries to deliver their products directly to shops and restaurants on their own. If left unsolved, the loss could have stifled the [...]
Domestic Relations – Termination Of Parental Rights – Delayed Appeal 
By Deborah Elkins
Published: June 2, 2008
A trial court did not err in denying a mother’s motion to file a delayed appeal of the termination of her parental rights, in this decision by the Court of Appeals.
The mother filed the motion well after the trial court’s jurisdiction under Rule 5A:5 and Va. Code § 8.01-428(C) had lapsed, and defendant has presented [...]
Rotundas to leave GMU for California law school
By Peter Vieth
Published: June 2, 2008
Constitutional law scholar and legal ethics expert Ronald D. Rotunda will leave Northern Virginia’s George Mason University School of Law after going public with a spat between his wife and another GMU professor. In pulling up stakes in Fairfax this summer, Rotunda and his wife, Kyndra, become the latest in a series of academic [...]
Web site instruction manual: The VLW Blog
By Paul Fletcher
Published: June 2, 2008
The VLW Blog is a centerpiece of the new Virginia Lawyers Weekly Web site (www.valawyersweekly.com).
Founded in March 2007, the VLW Blog originally was hosted on the popular Blogger platform. When our new site debuted in April, we imported all material that had been posted on the old site (vlweekly.blogger.com) to the new site, which is [...]
Criminal – Assault On Police Officer – Outside Officer’s Jurisdiction 
By Deborah Elkins
Published: June 2, 2008
A defendant can be convicted of assault and battery on a police officer for driving his vehicle toward the officer, even though the victim officer was not employed by the jurisdiction where the assault occurred, the Court of Appeals holds.
The officer was a Virginia Beach officer but the assault occurred in Chesapeake. Chesapeake and Virginia [...]
Criminal – Suspended Sentence Reduction – Jurisdiction 
By Deborah Elkins
Published: June 2, 2008
A trial court did not err in ruling that it did not have jurisdiction to entertain defendant’s motion to reduce the remaining period of his suspended sentence on a marijuana conviction, the Court of Appeals holds.
Virginia Code § 19.2-303 permits a trial court to modify a sentence if the felon has not been transferred to [...]
State: Beach must double length of pipeline for safety
By News in Brief
Published: June 2, 2008
VIRGINIA BEACH—State regulators say the City of Virginia Beach needs to more than double the length of a proposed $15 million storm water pipeline to minimize potential contact with swimmers, surfers and boaters.
The Virginia Marine Resources Commission voted unanimously Tuesday to reject the city’s plan, which calls for a 940-foot-long pipeline. Commission members say the [...]

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