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Author Archives: Deborah Elkins

Sunset for Melendez fix?

Legislators continue to hammer out language for their anticipated fix of prosecutors’ proof problems in light of the U.S. Supreme Court decision in Melendez-Diaz v. Massachusetts. That June 25 decision put in doubt the system Virginia uses to have laboratory ...

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Sunset for Melendez fix?

Legislators continue to hammer out language for their anticipated fix of prosecutors’ proof problems in light of the U.S. Supreme Court decision in Melendez-Diaz v. Massachusetts. That June 25 decision put in doubt the system Virginia uses to have laboratory ...

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Civil Procedure – Arbitration – Enforcement (access required)

A Fairfax Circuit Court declines to reconsider its earlier decision to order arbitration of this dispute between plaintiff trustee and defendant. Plaintiff trustee argues for reconsideration on the grounds that he reasonably relied on Amchem Products Inc. v. Newport News ...

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Medical Malpractice – Expert Witness – Literature Designations (access required)

A Roanoke City Circuit Court sets aside a med-mal verdict for defendants after concluding the court erred in allowing defendants to introduce through their own expert witness on direct examination statements that defendants had not timely provided to the opposing ...

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Domestic Relations – Divorce – Life Insurance Beneficiary – Minor Child (access required)

The Court of Appeals affirms a final divorce decree that required husband to make the parties’ minor child the sole beneficiary to his life insurance policy, to the exclusion of husband’s other two children from a separate relationship. The trial ...

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Domestic Relations – Spousal Support – Wife’s Investment Income (access required)

Wife had a substantial increase in interest income after husband paid off a promissory note to wife when the former marital home was sold, and because her increased income was a substantial change in material circumstances, the Court of Appeals ...

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Traffic Offenses – DUI – ‘Sleep Driving’ – Unconscious State (access required)

Although defendant claims he was unconscious from a combination of medication including Ambien when arrested for drunken driving, the Court of Appeals affirms his DUI conviction. Defendant drove his vehicle into a 20-foot light pole on the I-66 westbound ramp ...

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Criminal – Animal Neglect – Nonsuit (access required)

The Court of Appeals upholds a bench ruling pursuant to Va. Code § 3.1-796.115, that the 20 animals in appellant’s custody were deprived of adequate care, rendering a direct threat to their safety and health. Appellant contends that following the ...

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Domestic Relations – Criminal Contempt – Divorce Testimony (access required)

A trial court that decided husband gave false testimony about whether he denied wife access to the parties’ bank accounts erred in conducting a plenary criminal contempt proceeding without affording husband procedural due process protections, and the Court of Appeals ...

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