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Author Archives: Deborah Elkins

Domestic Relations – Unitary Child Support Award – Support ‘Continuation’ – Disabled Child (access required)

A mother who waited over six weeks after the high-school graduation of the youngest of three children covered by an undivided child support award did not forfeit her right to seek a continuation of support under Va. Code § 20-124.2(C) ...

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Search & Seizure – Detention – Car Theft Suspicion  (access required)

A Fairfax Circuit Court says defendant’s midnight street encounter with a single officer was not a custodial interrogation that violated defendant’s Fourth Amendment rights, and the court denies defendant’s motion to suppress statements he made to the officer. I find ...

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Contract – Statute Of Repose – Soffit Replacement – ‘Improvement’ (access required)

A repair project to replace soffit on building terraces was not an “improvement” under Virginia’s statute of repose, and a Fairfax Circuit Court in this first-impression case says the defendant contractor is not protected under Va. Code § 8.01-250. This ...

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Domestic Relations – Custody Modification – ‘Most Recent Award’ (access required)

A Fairfax Circuit Court says that earlier juvenile court proceeding initiated by Family Services that continued current physical custody arrangements but did not make an award of custody of the child was not “the most recent award of custody” as ...

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Criminal – Brady Claim – Exculpatory Evidence (access required)

A Fairfax Circuit Court sets aside defendant’s robbery and abduction for profit convictions because the commonwealth’s failure to inform defendant that a codefendant was given consideration for his testimony against defendant, an omission that violated defendant’s due process rights under ...

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Traffic Offenses – DUI – Aggravated Involuntary Manslaughter (access required)

Although a DUI defendant contends the commonwealth failed to comply with Va. Code § 18.2-268.2 by effecting his arrest within three hours of the alleged offense of DUI before requiring his submission to a blood test, a Fairfax Circuit Court ...

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Banks & Banking – Stop Payment – Cashier’s Check – Affidavit Of Fraud (access required)

A Fairfax Circuit Court dismisses plaintiff businessman’s suit to collect damages under Va. Code § 8.3A-411 from defendant bank for issuing a stop payment order on plaintiff’s $35,000 cashier’s check drawn on plaintiff’s title company account because an affidavit of ...

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Civil Procedure – Venue – Motion To Disqualify Counsel (access required)

Although the two defendant businesses in these “Chinese drywall” cases are out of business and the houses that allegedly contain defective drywall are in locations outside Norfolk, a Norfolk Circuit Court denies defendants’ motions to transfer venue from Norfolk, and ...

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Domestic Relations – Equitable Distribution – Wife’s Gambling (access required)

Although husband claimed he began depositing his paycheck in a separate account for household expenses and to prevent wife’s access to pay her gambling debts, a Loudoun County Circuit Court does not find wife’s gambling to be an addiction or ...

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Domestic Relations – Spousal Support – Husband’s Early Retirement (access required)

Although husband took early retirement at age 59 from his shipyard welder job, he has had to invade his retirement fund to meet his monthly expenses, including spousal support, while wife dissipated most of her $98,000 share of retirement funds ...

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