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Author Archives: Deborah Elkins

Workers’ Comp – Employer/Employee Relationship – Tax Withholding (access required)

Although a skilled carpenter elected to make his own withholding tax payments, appellant construction company exerted control over claimant carpenter by directing his work on a daily basis, and the Court of Appeals upholds an award of workers’ comp for ...

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Civil Procedure – Discovery – General Objections (access required)

A Loudoun County Circuit Court grants defendant contractor’s motion to compel discovery responses from plaintiff asphalt company, which has only filed general objections to the discovery requests. I agree with defendant’s argument that the general objections of plaintiff to the ...

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Criminal – False Tax Returns – Continuance – New Counsel (access required)

At defendant’s trial for preparing false tax returns, the trial judge did not err in granting a continuance to allow defendant to seek new counsel, as defendant previously had been granted a continuance, the commonwealth had 14 witnesses present on ...

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Criminal – Speedy Trial Act – B&E – Credit Card Theft (access required)

As defendant failed to object to a commonwealth motion for a continuance, the speedy trial statute was tolled during that continuance, and defendant cannot demonstrate a speedy trial violation under the Virginia statute; the Court of Appeals affirms his convictions ...

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Criminal – Attempted Capital Murder – Police Car Ramming – Scuba Knife (access required)

On rehearing en banc, the Court of Appeals reverses defendant’s conviction for possession of a concealed weapon as a convicted felon, because the scuba knife defendant possessed is neither one of the items enumerated in Va. Code Sec. 18.2-308, nor ...

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