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Monthly Archives: November 2010

Delivery nurse was not ‘interested party’ for dead man’s statute (access required)

Although a nurse who assisted a now-deceased doctor in a difficult delivery might have had an interest in avoiding her own liability for the baby’s birth injuries, her testimony is not barred under the dead man’s statute because it failed ...

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Court issues order in service district case (access required)

The Supreme Court of Virginia issued an unpublished order today in Nageotte v. Board of Supervisors of Stafford County, in addition to deciding 19 cases by opinion, 12 of them criminal decisions. A list of the cases and a summary ...

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Longshoreman keeps $5-million verdict, right to jury affirmed (access required)

Noting the right to a jury trial is “sacred” under the Virginia Constitution, the Supreme Court of Virginia has affirmed a $5-million jury verdict for a worker injured at a Portsmouth shipyard. The case now has produced two Virginia Supreme ...

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Court revisits ‘right result for wrong reason’ (access required)

The Supreme Court of Virginia had three occasions today to consider the concept of reaching the right result for the wrong reason in criminal cases. It issued two opinions based on the issue, using one of them to provide a ...

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Domestic Relations – Termination Of Parental Rights – Rehabilitative Services (access required)

The Court of Appeals upholds termination of a mother’s parental rights to her child; the mother’s arguments about the need for rehabilitative services to be offered to a parent have been waived, as they were not presented in the trial ...

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Dismissed case revived, limitations defense fails (access required)

A wrongful death case dismissed due to three years of inactivity can be reinstated within a year without running afoul of the statute of limitations, the Supreme Court of Virginia ruled Thursday. The unanimous court reversed an Albemarle County judge ...

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Domestic Relations – QDRO – Final Divorce Decree (access required)

The Court of Appeals affirms a divorce court’s entry of four Qualified Domestic Relations orders drafted by wife’s counsel despite husband’s claim the QDROs did not match the language of the final divorce decree dividing the parties’ retirement funds. Husband ...

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Criminal – Burglary – Malicious Wounding – Intent (access required)

Although defendant claims there was insufficient evidence to show he intended to commit an applicable felony within a dwelling house at the moment he entered, the Court of Appeals affirms his convictions of armed statutory burglary and aggravated malicious wounding, ...

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