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Author Archives: Deborah Elkins

Domestic Relations – Termination Of Parental Rights – Fifth Amendment (access required)

The Court of Appeals upholds termination of a father’s parental rights despite his claim that he was penalized for exercising his Fifth Amendment right to remain silent due to pending criminal charges that he sexually molested two of his children. ...

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Domestic Relations – PSA – Financing Agreement (access required)

A divorce court erred in interpreting a couple’s property settlement agreement to mean that “financing was not a precondition” to wife’s purchase of husband’s share of certain marital property – their jointly owned “Wilderness Adventure” business – and that she ...

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Criminal – Grand Larceny From Person – Robbery (access required)

Considering the “ends of justice” exception, the Court of Appeals upholds convictions of both grand larceny from the person and robbery, based on his conduct of approaching a convenience store clerk, reaching into her cash drawer, and struggling with her ...

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Criminal – Certificate Of Title – Alteration – Intent To Defraud (access required)

The Court of Appeals upholds defendant’s conviction of fraudulently altering a certificate of title in violation of Va. Code § 46.2-605, based on evidence that defendant signed the certificate of title to a Jeep Comanche, even though he did not ...

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Criminal – Obstruction Of Justice – ‘Domestic’ Call (access required)

A defendant’s initial refusal to allow a police officer into his home, when the officer responded to a “third party domestic” call, did not constitute obstruction of justice, and defendant’s misdemeanor conviction under Hampton City Code 24-7 is reversed by ...

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Administrative – Medicaid Program – Procedural Defects (access required)

The Court of Appeals upholds dismissal of an appeal from a denial of Medicaid benefits, due to various procedural defects, including failure of the petition for appeal to comply with Rule 2A:4(b). The petition for appeal of the decision of ...

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Traffic Offenses – Felony Hit & Run – Ambien & Alcohol (access required)

A defendant charged with felony hit and run did not have his due process rights violated because the Department of Forensic Science destroyed the remainder of his blood sample collected pursuant to the implied consent statute, after determining that defendant ...

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Criminal – Robbery – Firearm Use – Inconsistent Verdict (access required)

On review under the ends of justice exception, the Court of Appeals holds that because the trial court acquitted defendant of the robbery charge, the appellate court will set aside defendant’s conviction for use of a firearm in the commission ...

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Criminal – Child Sexual Abuse – Victim Testimony (access required)

Although defendant argued that the abuse victim, his eight-year-old nephew by marriage, presented testimony that was inherently unbelievable, the Court of Appeals upholds defendant’s conviction for aggravated sexual battery. Specifically, defendant contends the child’s statements to a counselor and during ...

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Workers’ Comp – Abandonment Doctrine – Knee Injury (access required)

The Court of Appeals upholds the commission’s rejection of a claim for knee injury, based on a 1997 incident when claimant fell from her chair at work, on the ground that claimant abandoned her left knee claims when she executed ...

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