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Author Archives: Deborah Elkins

Domestic Relations – Reconciliation – Parties’ Intent (access required)

Although husband acknowledged he had “accidental sex” with wife after the parties separated in May 2007 and entered into a post-nuptial agreement, a Salem Circuit Court says the parties did not reconcile because the evidence does not show an intent ...

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Wills & Trusts – Trustee Replacement – Individual Capacity (access required)

In this suit against defendant as an executor of an estate and a trustee of a trust established by the testator in June 2007, a Loudoun County Circuit Court grants defendants’ demurrers to most counts of plaintiffs’ complaint, but will ...

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Domestic Relations – Mom’s Move – GAL Recommendation (access required)

Although both the parenting evaluator and guardian ad litem support awarding shared custody to the dad in Virginia after the mom precipitously moved with the parties’ four-year-old son to be near her family in Colorado, a Norfolk Circuit Court awards ...

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Domestic Relations – Termination Of Parental Rights – Age Of Discretion (access required)

A trial court did not err in finding sufficient evidence to terminate a mother’s parental rights under either Va. Code § 16.1-283(B)(2) and (E), nor did the court abuse its discretion by determining the mother’s child who was under 14 ...

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Attorneys – Sanctions Under Va. Statute – Tax Assessment Challenge (access required)

An Augusta County Circuit Court says a lawyer who misused legal process to challenge real estate tax assessments by suing local supervisors and the commissioner of revenue is sanctioned under Va. Code § 8.01-271.1, and must pay $2,000 for the ...

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Administrative – Occupational Safety – Inspector Fatality – Civil Penalties (access required)

In this appeal by the Fairfax County Department of Public Works & Environmental Services of a circuit court finding that substantial evidence supported all but two of the Virginia Occupational Safety & Health civil penalty citations issued by the Virginia ...

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Domestic Relations – Appeals – Transcript – Custody  (access required)

Conspicuously missing from the 3,351-page appendix in husband’s appeal of this divorce case is a complete transcript of the trial court’s ruling from the bench awarding sole custody of the children to wife, and that ruling cannot be reviewed under ...

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Search & Seizure – Auto Search – Crack Cookie Block  (access required)

Police did not violate defendant’s Fourth Amendment rights when they seized defendant, as well as a cocaine cookie block found beneath the seat of defendant’s automobile, after a valid stop based on observation of defendant’s illegally parked vehicle, which matched ...

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