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Author Archives: Deborah Elkins

Workers’ Comp – Authorized Physician – Wrist Injury (access required)

Where claimant’s initial treating physician referred him on to other physicians for treatment of his fractured wrist, which eventually required surgery, the Court of Appeals says the physicians to whom claimant was referred also were authorized treating physicians and employer ...

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Domestic Relations – Adultery – Phone Messages – Property Classification (access required)

A trail of sexy phone messages to his tennis-club girlfriend, an overnight stay with her, and husband’s stash of Viagra in his truck, despite telling his wife that Viagra would not help him, all support the trial court finding that ...

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Criminal – Jury Instruction – Burden-Shifting – Rule 5A:18 (access required)

Even if defendant’s claim for a burden-shifting jury instruction is before the court on the theory that trial counsel never withdrew the instruction, the Court of Appeals says the trial court did not abuse its discretion in refusing the jury ...

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Criminal – Rape – Sufficiency – Intoxicated Victim (access required)

A woman’s testimony about her recollection of defendant sexually assaulting her after she became intoxicated at a party, corroborated by medical evidence consistent with assault, and the Court of Appeals upholds defendant’s rape conviction under Va. Code § 18.2-61(A)(ii). The ...

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Domestic Relations – Appeals – Visitation Schedule (access required)

A divorce court did not abuse its discretion when it ordered “reasonable visitation” for husband with his children, and the Court of Appeals rejects husband’s contention that the trial court should have imposed a specific schedule. Even assuming husband preserved ...

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