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Author Archives: Deborah Elkins

Domestic Relations – Custody – Wife’s Disability (access required)

A trial court did not err in granting husband sole legal and physical custody of the parties’ two children, in light of wife’s unstable mental condition that led to both voluntary and involuntary commitments to the hospital, and her having ...

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Criminal – Child Molestation – Inconsistent Account (access required)

Although there were inconsistencies in the 11-year-old girl’s account of defendant molesting her, there was sufficient evidence to support defendant’s conviction of object sexual penetration and aggravated sexual battery, the Court of Appeals holds. In the present case, as in ...

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Domestic Relations – Stepdaughter Visitation – ‘Liberty Interest’ (access required)

A father was not estopped from claiming a liberty interest to prevent his ex-wife from having visitation with his daughter, when he previously obtained a court order granting him custody of the child after he allegedly induced appellant to marry ...

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Criminal – Probation Violation – Sex Offender Treatment – Alford Plea (access required)

A defendant who entered an Alford plea of guilty to rape of his stepdaughter can be convicted of a probation violation for his continued denial of the offense during sex offender therapy required by his probation officer, as the consequences ...

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Traffic Offenses – DUI – Melendez – Attestation Clause (access required)

In this DUI prosecution, the attestation clause on a certificate of analysis showing a BAC of .011 grams per 210 liters of breath was erroneously admitted under the U.S. Supreme Court’s recent decision in Melendez-Diaz, and the Court of Appeals ...

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Real Estate – Commercial Lease – Mitigation (access required)

Defendant Starbucks Company, who decided not to open a Starbucks store in a former Krispy Kreme store in Bristol, and has failed to pay rent under a commercial lease since Oct. 1, 2008, or to demolish the existing building on ...

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Tort – Fraud – Coal Sales Contract (access required)

In this diversity action alleging fraud in a coal sales transaction, a Big Stone Gap U.S. District Court grants defendant principals in a coal mining business summary judgment on plaintiff energy company’s claim based solely on reliance on warehouse receipts ...

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