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Author Archives: Deborah Elkins

Criminal – Assault On Household Member – Sufficiency (access required)

The Court of Appeals says there was sufficient evidence to convict defendant of assault on a family member, based on a woman’s testimony that defendant, with whom she had lived for three years, came home drunk while she was on ...

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Criminal – Uttering – Possession Of Forged Check (access required)

There is no requirement that the accused must fully negotiate a forged document in order to be convicted of uttering a forged check, the Court of Appeals says, and it affirms defendant’s conviction even though he says he merely possessed ...

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Criminal – Speedy Trial – Sixth Amendment – Federal Custody (access required)

A trial court erred by dismissing indictments against defendant because a three-year and seven-month delay violated defendant’s Sixth Amendment speedy trial right; the Court of Appeals says although defendant was in Roanoke City jail during the delay, he was in ...

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Criminal – False Pretenses – Promissory Note – Draft Copy – Rule 5A:18 (access required)

The Court of Appeals says a defendant cannot overturn his conviction for obtaining money by false pretenses, after he failed to pay a promissory note that disappeared after an suspected break-in at the lender’s home, because defendant did not challenge ...

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Domestic Relations – Spousal Support – Attorney’s Fees (access required)

A divorce court did not err in refusing to allow husband’s request for affirmative relief in his answer, which wife claimed was an attempt to circumvent the court’s earlier decision refusing to allow husband’s late cross-complaint; the Court of Appeals ...

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Criminal – Obstruction Of Justice – Threat During Arrest (access required)

A defendant who threatened to “pick off” officers from inside a locked bedroom, as the officers responded to a domestic violence call, can be convicted of misdemeanor obstruction of justice, the Court of Appeals holds. Also, the trial court did ...

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Employment Discrimination – Sex – Truck Driver – Foot Injuries (access required)

A Lynchburg U.S. District Court grants a trucking company’s motion for summary judgment in this Title VII suit by a female truck driver who claims the company discriminated against her by requiring her to take a physical ability test before ...

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Criminal – Ineffective Assistance – Guilty Plea Choice – Drug Conspiracy (access required)

A defendant who agreed in his guilty plea agreement that he would be held responsible for distribution of between 5,598, and 18,565 eighty-milligram oxycodone tablets, and that he qualified as a leader and organizer of the drug conspiracy, cannot persuade ...

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Real Estate – Oil & Gas Rights – Methane – Royalty Payments (access required)

In this dispute over ownership of a tract of land in Dickenson County and defendant’s alleged taking of methane without making proper royalty payments, a magistrate judge for the Abingdon U.S. District Court recommends denying the pro se plaintiff’s motion ...

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Criminal – Wire Fraud – Restitution (access required)

Although a Charlottesville U.S. District Court’s restitution order in this fraud case for profits defendants made did not stand, the court orders restitution to cover the cost of three staff positions that were not filled, for which defendants billed and ...

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