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Author Archives: Deborah Elkins

Criminal – Batson Claim – Juror Demeanor (access required)

At defendant’s second-degree murder trial, the trial court did not err in accepting as race-neutral a peremptory strike of a Caucasian juror based on her “long stares” at defendant, and the Court of Appeals upholds defendant’s convictions. The record does ...

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Criminal – Procedural Defaults – Batson Claim (access required)

Although the Supreme Court of Virginia granted defendant a delayed appeal of his Batson claim, the cumulative effect of defendant’s other violations of appellate procedural rules precludes the Court of Appeals from considering his claim, and his abduction, rape and ...

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Search & Seizure – Visual Body Cavity Search – Jailhouse Search (access required)

Police did not violate defendant’s Fourth Amendment rights after he was arrested for selling suspected crack cocaine when they asked him, after obtaining written permission to conduct a strip search, to remove articles of clothing and lower his boxer shorts ...

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Workers’ Comp – Marketing Residual Capacity – Hand Injury (access required)

The Court of Appeals reverses an award of ongoing temporary partial disability benefits because claimant failed to present evidence that she attempted to market her residual work capacity of 20 hours per week after March 31, 2008, or evidence that ...

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Workers’ Comp – Arising Out Of – Parking Lot Fall (access required)

A woman who left her vehicle after a cigarette break and tripped over a ball hitch on a pickup truck in employer’s private parking lot did not suffer a compensable injury and the Court of Appeals affirms denial of workers’ ...

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Criminal – Felon In Possession – ‘Firearm’ – BB Gun (access required)

The Court of Appeals affirms defendant’s firearm conviction, despite his claim that the recovery of a BB gun in the location where he was arrested presented a reasonable hypothesis that the object he used to commit robberies was a BB ...

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Domestic Relations – Termination Of Parental Rights – Sibling Sex Abuse (access required)

Although a father may not have affirmatively abused his daughter, the trial court did not err in terminating his parental rights under the controlling statutes, for his failure to prevent his son from repeatedly sexually abusing his daughter, leading to ...

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Contract – Hospital Consultant – Consideration – Trade Secret (access required)

A hospital consultant can pursue contract claims against a hospital that allegedly failed to pay it for providing a confidential cost-saving idea, but a Harrisonburg U.S. District Court dismisses the consultant’s claim for trade secret misappropriation because the idea was ...

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