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Author Archives: Deborah Elkins

Unemployment Comp – Law License Revocation – Sufficiency (access required)

A claimant who applied to the D.C. Bar based on his membership in good standing in the Virginia Bar, but who then lost his Virginia law license, is not entitled to unemployment compensation from the company from which he was ...

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Criminal – Marijuana Distribution – Motel Room Exchange (access required)

Although defendant contends the evidence did not prove he intended to distribute more than one-half ounce of marijuana to a prostitute in exchange for sex, the Court of Appeals affirms his conviction under Va. Code § 18.2-248.1(a)(2). The question of ...

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Workers’ Comp – Neck Disability (access required)

The Court of Appeals vacates an award of workers’ comp benefits because the commission erred in reaching the issue of whether claimant’s neck injury was a compensable consequence of her shoulder injury because employer received insufficient notice of the commission’s ...

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Criminal – Murder – Miranda Warnings (access required)

The Court of Appeals affirms defendant’s conviction of second-degree murder by suffocation of a 10-month old child, despite her claims that the trial court erred in denying her motion to suppress statements she allegedly made prior to being given Miranda ...

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Domestic Relations – Annulment – Nigerian Marriage Law (access required)

Although wife contends her marriage in Nigeria ended when the “elders of her place” granted a “customary divorce” from her “customary marriage” to her first husband who deserted her, she did not preserve her claims of error in the trial ...

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Domestic Relations – Equitable Distribution – Property Classification (access required)

The Court of Appeals says husband failed to produce sufficient evidence to rebut the statutory presumption that three vehicles acquired during the parties’ 11-year marriage – a 1996 Dodge Caravan, a 1998 Subaru Forester and a 2001 Jeep Cherokee – ...

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Domestic Relations – Child Support Increase – After-School Care (access required)

Although father in this joint custody arrangement said he was available to provide after-school care when the parties’ children were with the mother, the Court of Appeals says the divorce court did not err in increasing husband’s child support payments ...

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Criminal – Appeals – Rule 5A:18 – Statement Of Facts (access required)

Although defendant contends the trial court refused to allow inclusion of motions or arguments to strike in the statement of facts approved by the court, the Court of Appeals says that Rule 5A:18 nevertheless bars its consideration of defendant’s appellate ...

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Criminal – B&E – Grand Larceny – Sufficiency (access required)

Although defendant and his companion were discovered in a car with a bag of catalytic converters, in an area where two car lots had seen a rash of thefts of catalytic converters, the Court of Appeals reverses defendant’s convictions for ...

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