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Author Archives: Deborah Elkins

Criminal – Grand Larceny – Auto Theft – Confrontation Right (access required)

A trial court’s admission of an NADA “blue book” estimate of the value of 2004 Toyota Sienna minivan did not violate defendant’s Confrontation Clause rights under Crawford v. Washington and Melendez-Diaz v. Massachusetts, and the Court of Appeals upholds defendant’s ...

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Domestic Relations – Joint Legal Custody – GAL Recommendation (access required)

A trial court failed to comply with Va. Code § 20-124.3 in communicating adequately the basis of its decision awarding joint legal custody and visitation, and the judgment is reversed and remanded by the Court of Appeals. Code § 20-124.3 ...

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Administrative – Sexual Abuse Finding – Agency Error (access required)

The Court of Appeals reverses a circuit court judgment affirming a disposition of “founded sexual abuse – level 1,” as the local agency investigator’s failure to tape record two interviews with the alleged victim, in violation of 22 VAC 40-705-80(B)(1) ...

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Criminal – Appeals – Rule 5A:18 – Undercover Conversation (access required)

A defendant convicted of first-degree murder and robbery of a taxicab driver failed to object at trial to admission of evidence concerning a conversation defendant had with an undercover police officer, and the Court of Appeals upholds his convictions. Osman ...

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Domestic Relations – Void Marriage Decree – Attorney’s Fees (access required)

The Court of Appeals summarily affirms a trial court’s declaration that appellant’s marriage was void ab initio, and awarding appellee wife attorney’s fees and costs. The parties were married in Korea in 2002. Wife filed for divorce in 2007, alleging ...

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Criminal – Aggravated Sexual Battery – Indictment Amendment (access required)

The Court of Appeals says a trial court did not err in amending, prior to arraignment, one indictment charging indecent liberties with a child under Va. Code § 18.2-370 to charge aggravated sexual battery, and defendant’s conviction of that charge ...

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