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Author Archives: Deborah Elkins

Civil Procedure – Personal Jurisdiction – Va. Long-Arm Statute – Transacting Business (access required)

In this dispute between a Virginia tech holdings company and defendant Massachusetts companies over negotiations to form a new joint venture company, a Chesterfield County Circuit Court says it does not have personal jurisdiction over the defendants under the Virginia ...

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Real Estate – Condemnation – Property Value – Special Exception Condition (access required)

In this condemnation dispute between the Commonwealth Transportation Commissioner of Virginia and a property owner, NA Dulles Real Estate Investor LLC, the Loudoun County Circuit Court denies reconsideration of its earlier decision granting the owner’s motion in limine to prohibit ...

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Civil Procedure – Appeal Bond – Jurisdiction – Bond Release (access required)

A plaintiff who won a GDC judgment for $2,150 can collect that judgment from the $2,500 appeal bond posted by defendant but released to plaintiff to satisfy her judgment after the Greensville County Circuit Court said it had no jurisdiction ...

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Search & Seizure – Unreasonable Search Of Pants – Suspicion Of Contraband (access required)

The Court of Appeals reverses a defendant’s conviction of marijuana possession because police did not have a reasonable suspicion to support a search of defendant’s pants, based on his having gone to another room to retrieve his pants after police ...

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Domestic Relations – Termination Of Parental Rights – Proof Of Conditions (access required)

Where a mother challenges proof of conditions necessary for termination of her parental rights to her son under Va. Code § 16.1-283(C)(1), but does not challenge the proof of conditions necessary for termination under Code § 16.1-283(E), the Court of ...

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Criminal – Cocaine Possession – Bedroom Discovery (access required)

There was sufficient evidence to convict defendant of possession of the cocaine found in her bedroom when police executed a search warrant, and the Court of Appeals affirms defendant’s drug conviction. In defendant’s bedroom, police found a box for a ...

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Criminal – Juror Strikes – Vision Impairment – Batson Claim (access required)

At defendant’s trial for robbery and carjacking, the trial court did not err in declining to excuse for cause a juror who was legally blind, or in disallowing juror strikes based on Batson challenges by both defendant and the prosecution, ...

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Domestic Relations – Sanctions – Real Estate Sale Proceeds (access required)

After a husband had to pursue multiple proceedings to enforce a final divorce decree, including an order requiring distribution of real estate sale proceeds, and where wife’s written statement of facts on appeal contained commentary and irrelevant recitations, the Court ...

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Domestic Relations – Appeal Notice – JDR Decision (access required)

The Court of Appeals summarily affirms a circuit court decision dismissing a father’s appeal of a support matter from the JDR court, and refusing to allow the father to testify and present evidence. The circuit court returned the father’s notice ...

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Domestic Relations – Attorney’s Fees – Cohabitation (access required)

Although a couple’s property settlement agreement provided for attorney’s fees for one spouse when the other spouse failed to abide by the agreement, that clause did not allow fees for husband when wife sought to enforce the PSA’s spousal support ...

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