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Author Archives: Deborah Elkins

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High Court Will Accept Docs On Disk (access required)

Lawyers filing petitions for appeal in the Supreme Court of Virginia may now send the court computer diskettes along with their hard copy. “To facilitate its review of cases,” Virginia’s high court “invites counsel to submit petitions for appeal and ...

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Chief Justice Touts 'Therapeutic Justice' (access required)

When Fauquier County officials cite “restorative justice” as the animating theme for their youth accountability project, they probably would get a receptive hearing from Virginia’s top judicial officer. In his state of the judiciary address delivered in Richmond on May ...

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Store Can Try Case On Lease Covenants (access required)

A drugstore can try its claim that a Virginia Beach shopping center violated a lease’s restrictive covenants by renting to a supermarket that operates both a full-service pharmacy and a photo-drop booth, the 4th U.S. Circuit Court of Appeals has ...

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Court-Appointed Fee Cap Is Constitutional (access required)

Virginia’s statutory fee cap for court-appointed attorneys does not pose a conflict of interest that violates a criminal defendant’s Sixth Amendment right to counsel, the Virginia Court of Appeals held last week. The conflict-of-interest argument is premised on the fact ...

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Creditor Can't Garnish A Domain Name (access required)

Internet “domain names” belonging to a judgment debtor cannot be garnished because they derive from contracts for services, the Supreme Court of Virginia has ruled in a case of first impression. The high court reversed a Fairfax County decision that ...

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