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Author Archives: Deborah Elkins

Wills & Trusts – Trust Remainder Shares – Siblings v. Church (access required)

A grantor who directed in her inter vivos trust that the trust corpus and income be used first for her and then for her surviving husband’s benefit during his lifetime, and that upon her husband’s death, the trust res would ...

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Criminal – Felon In Possession – Prior Convictions – Authentication (access required)

The Supreme Court of Virginia reverses defendant’s conviction of possession of a firearm as a convicted felon, as defendant’s prior convictions were not properly authenticated by admission of orders unsigned by any judge stating defendant was convicted of armed robbery; ...

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Criminal – Trespass – Posting Sign – Authority To Post (access required)

Without evidence that a “No Trespassing” sign was posted by a person authorized by Va. Code § 18.2-119 to prohibit entry upon the private property in question, the commonwealth failed to put on sufficient evidence of defendant’s guilt, and his ...

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Civil Procedure – Appeal Period – Rule 1:1 – Med-Mal Judgment (access required)

The Supreme Court of Virginia dismisses a doctor’s appeal of an $885,000 med-mal judgment against her, for failure to timely note her appeal, after the trial court’s entry of an order that suspended the final order of April 25, 2008 ...

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Criminal – Court-Appointed Expert – Prejudice – Investigator (access required)

The Supreme Court of Virginia upholds defendant’s conviction of rape and first-degree murder of a woman, who was last seen alive with defendant, and rejects defendant’s claim that his constitutional rights were violated when the court failed to appoint an ...

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Criminal – Habeas Corpus – Ineffective Assistance – Informant’s Letters (access required)

A habeas petitioner cannot overturn his murder conviction for robbing and fatally shooting a 74-year-old woman by arguing that his trial lawyers’ failure to uncover a jailhouse informant’s letters to a federal judge, angling for a sentence reduction in exchange ...

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Intellectual Property – Patent Infringement – Canopy Chairs – Injunction (access required)

Although defendant says it had no ability to control third-party distributors who violated the court’s injunction and shipped canopy chairs that infringed on plaintiff’s patent, the Norfolk U.S. District Court says defendant is accountable for willful violation of the injunction ...

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Contract – Equipment Sales – Anticipatory Breach – Waiver (access required)

Applying a 2009 contract case from Virginia’s high court, an Alexandria U.S. District Court says defendant supplier of videoconferencing equipment did not commit an anticipatory breach of the parties’ sales agreement because plaintiff kept shipping equipment in response to defendant’s ...

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Criminal – Alien Re-Entry – Limitations (access required)

Because federal immigration officials had actual knowledge of a Salvadoran’s presence, true identity and status as an illegal re-entrant into the U.S. more than five years before issuance of an indictment charging a violation of 8 U.S.C. § 1326, the ...

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Employment Discrimination – Constructive Discharge – Sexual Harassment – Default Judgment (access required)

An Alexandria U.S. District Court grants default judgment to a female former executive on her breach of contract claim and a Bowman constructive discharge claim arising from her alleged refusal to submit fraudulent financial documents to lenders; the court awards ...

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