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Author Archives: Deborah Elkins

Domestic Relations – Custody – Material Change (access required)

Although father claims the trial court did not properly consider factors such as mother’s anger at his new wife and their son’s expulsion from school for marijuana possession, the Court of Appeals says the trial court did not abuse its ...

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Criminal – Murder – Jury Selection – Juror Questionnaires (access required)

The Court of Appeals rejects a murder defendant’s contention that the trial court used a non-random jury selection process in violation of his federal and state constitutional due process rights and Va. Code § 8.01-345 and -357 because the selection ...

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Criminal – Felony Child Neglect – Father’s Medical Training (access required)

A father who was a Pediatric Pulmonary Fellow at U.Va. was guilty of felony child neglect for his treatment of his infant daughter that caused seizures due to an excess of free water in her system, and the Court of ...

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Workers’ Comp – IME – Unjustified Refusal (access required)

A claimant did not unjustifiably refuse to attend an employer-scheduled independent medical examination when she could not attend the exam, as her lawyer informed employer, because she was in India caring for her ailing father, and the Court of Appeals ...

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

Parents who failed to comply with a preliminary child protective order that required father and mother to submit to random drug and alcohol testing, complete substance abuse assessments and psychological evaluations and to cooperate with any recommended treatment have their ...

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Criminal – Rape – Juror – Police Friend (access required)

Although two prospective jurors indicated they were friends with police officers, they stated those friendships would not influence their willingness to believe an officer’s testimony over another witness’s, and the Court of Appeals upholds the trial court’s decision not to ...

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Criminal – Drug Distribution – Brady Disclosure – CI Impeachment (access required)

On rehearing en banc, the Court of Appeals upholds in a six-five split a defendant’s convictions for possession of with intent to distribute an imitation controlled substance and methamphetamine, despite defendant’s Brady v. Maryland claim that the commonwealth did not ...

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Criminal – Drug Conspiracy – Mandatory Life Sentence (access required)

An Abingdon U.S. District Court overrules defendant’s objections to his mandatory life sentence under 21 U.S.C. § 841(b)(1)(A), for his fourth felony drug conviction, despite defendant’s claim that two of his prior North Carolina convictions were not “felony drug offenses” ...

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Civil Procedure – Discovery Abuse – Tax Return Disclosure (access required)

A Harrisonburg U.S. District Court dismisses plaintiff’s fraud and Truth-in-Lending claims against defendant lender, for plaintiff’s failure to cooperate in discovery, including his invocation of the Fifth Amendment and refusal to disclose his 2006-2007 tax returns, and says that plaintiff ...

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