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Monthly Archives: June 2009

Domestic Relations – Termination Of Parental Rights – Proof Of Conditions (access required)

Where a mother challenges proof of conditions necessary for termination of her parental rights to her son under Va. Code § 16.1-283(C)(1), but does not challenge the proof of conditions necessary for termination under Code § 16.1-283(E), the Court of ...

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Criminal – Cocaine Possession – Bedroom Discovery (access required)

There was sufficient evidence to convict defendant of possession of the cocaine found in her bedroom when police executed a search warrant, and the Court of Appeals affirms defendant’s drug conviction. In defendant’s bedroom, police found a box for a ...

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Criminal – Juror Strikes – Vision Impairment – Batson Claim (access required)

At defendant’s trial for robbery and carjacking, the trial court did not err in declining to excuse for cause a juror who was legally blind, or in disallowing juror strikes based on Batson challenges by both defendant and the prosecution, ...

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Domestic Relations – Sanctions – Real Estate Sale Proceeds (access required)

After a husband had to pursue multiple proceedings to enforce a final divorce decree, including an order requiring distribution of real estate sale proceeds, and where wife’s written statement of facts on appeal contained commentary and irrelevant recitations, the Court ...

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Domestic Relations – Appeal Notice – JDR Decision (access required)

The Court of Appeals summarily affirms a circuit court decision dismissing a father’s appeal of a support matter from the JDR court, and refusing to allow the father to testify and present evidence. The circuit court returned the father’s notice ...

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Domestic Relations – Attorney’s Fees – Cohabitation (access required)

Although a couple’s property settlement agreement provided for attorney’s fees for one spouse when the other spouse failed to abide by the agreement, that clause did not allow fees for husband when wife sought to enforce the PSA’s spousal support ...

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Administrative – VDOT Contract Overrun – Written Notice Of Claim (access required)

In this suit by a contractor for cost overruns on a VDOT contract for construction of the Route 58 Clarksville Bypass in Mecklenburg County, the Court of Appeals says the trial court did not err in denying a request for ...

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Insurance – Title Insurance – Trustee Suit – Tax Liens (access required)

In this diversity action for breach of a title insurance policy, an Alexandria U.S. District Court vacates in part its partial summary judgment to plaintiff, trustee on certain McLean real estate held in a trust of which she was sole ...

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Employment Discrimination – Disability – Postal Worker (access required)

A sorter machine operator at the post office who, after 28 years of service, sought limited-duty assignment due to his multiple conditions of hernia, rotator-cuff injury, carpal tunnel syndrome, tenosynovitis and rheumatoid arthritis, cannot recover for disability discrimination based on ...

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Civil Rights – Bivens Claim – Religious Freedom Act – Inmate Request (access required)

An Alexandria U.S. District Court denies reconsideration and would dismiss a Virginia inmate’s amended complaint involving his request under the Religious Freedom Restoration Act for recognition by prison officials of the inmate’s “Culture/Way of Life” faith of the Nation of ...

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