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Author Archives: Deborah Elkins

Criminal – New Sentencing Hearing – Excessive Sentence – Statutory Maximum (access required)

A defendant convicted of multiple crimes, including second-degree murder, and sentenced to a punishment in excess of the statutorily prescribed maximum range of punishment is entitled to a new sentencing hearing for that conviction, the Supreme Court of Virginia says. ...

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Real Estate – Lakefront Property – Easement – Extended Lot Lines (access required)

Owners of a lakefront on Smith Mountain Lake do not have to remove from their land a dock and beach area within the alleged “extended lot lines” of an adjacent landowner’s property, the Supreme Court of Virginia say, as appellant ...

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Search & Seizure – Drug Dog – Particularized Suspicion (access required)

A drug dog’s alert on a vehicle, and the fact that an officer’s search of the other three occupants of the vehicle yielded no drugs, did not together provide particularized suspicion to search defendant, a fourth occupant of the vehicle, ...

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Real Estate – Co-Tenant Expenses – Subdivision Plan – Unclean Hands (access required)

In this dispute over expenses for a subdivision plan for a family farm, the Virginia Supreme Court upholds a trial court decision that required one sister of the four siblings to pay her co-tenant share of expenses for a subdivision ...

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Civil Procedure – Nonsuit – Real Estate – Delinquent Tax Sale (access required)

Although the city of Suffolk nonsuited a 1995 complaint to sell the subject property for delinquent taxes, and then nonsuited a 2006 suit to satisfy back taxes on the same parcel, that named additional defendants, the 2006 nonsuit was not ...

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Wills & Trusts – Forfeiture Clause – Trust As Beneficiary (access required)

On a matter of first impression, the Supreme Court of Virginia applies to a no-contest clause in a trust that is part of a testamentary estate plan, the same principles the court uses for a no-contest clause in a will, ...

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Environmental – Highway Construction – I-73 Project (access required)

In this challenge by plaintiff groups to defendant state and federal transportation officials’ approval of the “I-73 Project,” a 72-mile freeway between I-81 near Roanoke and the Virginia/North Carolina border, a Roanoke U.S. District Court upholds the agency action as ...

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Employment Discrimination – Age – School Administrator (access required)

A Harrisonburg U.S. District Court grants summary judgment to defendant county school board in this age discrimination suit filed by a 49-year-old high school principal who sued after he lost a promotion to an assistant superintendent position to a 38-year-old ...

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Labor – Overtime Pay – FLSA – Limitations – Equitable Tolling (access required)

A Roanoke U.S. District Court orders an evidentiary hearing, as the parties dispute whether these joint employers failed to post an FLSA notice as required by DOL regulations, which would equitably toll the limitations period for plaintiffs to pursue their ...

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Criminal – Tax Evasion – Lawyer – Home Office Deduction (access required)

A Danville U.S. District Court denies post-trial motions filed by a lawyer convicted of tax evasion and tax perjury involving a home office deduction for his family mansion, Stoneleigh, in which he also maintained an office for his law firm. ...

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