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Author Archives: Deborah Elkins

Criminal – Waiver – Sufficiency – Motion To Strike (access required)

The Supreme Court of Virginia affirms the intermediate appellate court’s application of Rule 5A:18 to refuse review of a defendant’s appellate claim that there was insufficient evidence to convict him of abduction with intent to defile; distinguishing two closely related ...

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Civil Procedure – GDC Appeal – Court Reporter – Landlord/Tenant (access required)

A litigant in a landlord-tenant dispute who failed to comply with a local circuit court rule that required a court reporter at trial of all civil cases gets a new circuit court trial because the trial court violated both Va. ...

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Criminal – Death Penalty – Mental Retardation – Competency – Collateral Proceeding (access required)

A death-row defendant whose case was remanded for a determination of mental retardation pursuant to Va. Code § 8.01-654.2 is entitled to have the circuit court determine his competency, the Supreme Court of Virginia says, regardless of whether the question ...

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Civil Procedure – Dead Man’s Statute – Corroboration – Independent Evidence (access required)

Although circumstantial evidence may support a man’s claim that he moved his family to a Sussex County farm and assisted his elderly aunt and uncle after they promised to leave the farm to him after both died, there was no ...

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Wills & Trusts – Administrator Plaintiff – Reason For Appointment – Wrongful Death – Survival Claim (access required)

An administrator of an estate appointed solely for the purpose of bringing a wrongful death action under Va. Code § 8.01-50 lacked standing to assert personal injury survival claims on behalf of the estate, the Virginia Supreme Court holds. A ...

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Insurance – House Fire – Personal Property – Replacement Value – Limitations (access required)

Although plaintiff’s earlier nonsuited state court action – a petition for an umpire to resolve an insurance dispute over replacement value for her personal property – sought a “different remedy” than her refiled action, a Richmond U.S. District Court says ...

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