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Monthly Archives: June 2011

Husband Proves Cohabitation, Ends Support (access required)

Testimony about wife’s living arrangements with a man were not credible, a Fairfax Circuit Court says, and husband can stop spousal support because he proved her cohabitation under the parties’ PSA; however, granting husband attorney’s fees would only prejudice the ...

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No Deferral to ‘Treating Physician’ in VRS Disability (access required)

A school office assistant loses her appeal of the Virginia Retirement System’s denial of a disability pension for her claims of headaches and cognitive defects from fibromuscular dysplasia; a Fairfax Circuit Court says a VRS disability determination does not require ...

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Good-Faith Exception Does Not Save Child Porn Conviction (access required)

The 4th Circuit reverses defendant’s child pornography conviction because evidence seized pursuant to a deficient search warrant should not have come in under the Leon good-faith exception; information provided to the local magistrate did not show when defendant allegedly possessed ...

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No ‘One Free Lawyer’ Rule for Appointed Counsel (access required)

Although a defendant charged with racketeering and drug conspiracy feared his lawyer would “sabotage” his defense after they argued over challenging defendant’s prior convictions, and the district court erred in telling defendant “one lawyer is your free limit,” the district ...

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Note Holder Can Foreclose in Va. on Securitized Loan (access required)

A Virginia mortgage borrower cannot challenge a note holder’s foreclosure, by substitute trustee, on the borrower’s Woodbridge property on a theory that only the original lender has authority to foreclose; the 4th Circuit says the Virginia legislature has given parties ...

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Lawyers sought for Fairfax protective order cases

Legal aid lawyers are hoping to boost participation in a Fairfax County program to provide legal help for people seeking court protection from abusive domestic situations. Advocates also want to foster similar programs in Alexandria and other Virginia communities. Legal ...

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