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Author Archives: Deborah Elkins

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 ...

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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 ...

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Criminal – Burglary – Conspiracy – Plan To Avenge Insult (access required)

A defendant who accompanied a woman back to another man’s apartment, at her direction, to “discuss” his calling the woman a “bitch” during an argument, can be convicted of conspiracy and other crimes related to his entry into the apartment ...

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Criminal – Appeals – Rule 5A:18 (access required)

The Court of Appeals erred in reviewing defendant’s challenge as to whether there was “implied consent” for a police officer’s presence in his backyard, as this claim was procedurally defaulted, the Supreme Court of Virginia holds. Defendant was convicted of ...

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Search & Seizure – Reasonable Suspicion – High-Crime Area – Flight (access required)

Although defendant’s headlong flight from police in a high-crime area does not alone justify police detention, in this case, police also pointed to additional circumstances, such as defendant’s abandonment of his bicycle, his evasive behavior in looping around houses and ...

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Criminal – Sexually Violent Predator – Civil Commitment – Intent To Defile (access required)

Although the commonwealth’s initial petition seeking civil commitment of appellant as a Sexually Violent Predator cited a charge for attempted forcible sodomy, for which defendant was not incarcerated, amendment of the petition to cite appellant’s conviction of abduction with intent ...

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