Home (page 1025)

Author Archives: Deborah Elkins

Plaintiffs want to be able to sue for more when refiling after nonsuit (access required)

When a Loudoun County Circuit Court dismissed a p.i. suit in August because the plaintiff asked for more money when she refiled after a nonsuit, plaintiffs’ lawyers went on alert. The Loudoun County case, Spear v. Metropolitan Washington Airports Authority, ...

Read More »

Briscoe goes back to Virginia high court

Today the United States Supreme Court has remanded the appeal in Briscoe v. Virginia, involving a pre-Melendez-Diaz decision in which a divided Supreme Court of Virginia (deciding Briscoe and a companion case, Magruder v. Commonwealth) upheld the Virginia statute that ...

Read More »

Domestic Relations – Joint Legal Custody – Daycare Provider Choice (access required)

Husband allegedly choosing his girlfriend’s daughter as an after-school daycare provider, and then switching to a friend of the daughter, is not a basis for mom to complain about the provider, says a Loudoun County Circuit Court; there is no ...

Read More »

Criminal – 911 Tape – Hearsay – Confrontation Clause (access required)

Although a 911 tape with an observer’s account of persons stealing property from a stockyard was properly admitted over defendant’s hearsay objection, admission of the tape violated defendant’s Sixth Amendment right to confrontation, and the Court of Appeals reverses defendant’s ...

Read More »