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Author Archives: Deborah Elkins

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Criminal discovery and how to make it work FOIA (access required)

Criminal defense lawyers often lament the limitations Virginia places on pretrial discovery. But successful advocates cannot count on the prosecution to spoon-feed them important clues about their cases, according to members of the Virginia College of Criminal Defense Attorneys. Creative ...

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Buyer wins due to painted basement (access required)

A home buyer may recover damages for a flooded basement where the seller repaired and painted over prior water damage, a Fredericksburg Circuit judge has ruled. The case is Stone v. Quann (VLW 094-8-348). The opinion was written by Judge ...

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Lawyer must check on appeals (access required)

A lawyer who failed to check on appeals pending before the U.S. Supreme Court provided “ineffective assistance of counsel” and his client deserves a new trial, a Newport News federal district judge has ruled. In vacating the conviction, the judge ...

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Ch. 13 stay violated by bank freeze (access required)

A bank that placed an “administrative freeze” on a debtor’s checking account violated the automatic stay in bankruptcy and must pay the debtor punitive damages, the 4th U.S. Circuit Court of Appeals has ruled in a case of first impression. ...

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Mediation ethics proposed (access required)

Ethics for lawyers acting as mediators would be covered for the first time in the Virginia Code of Professional Responsibility in a draft revision of the code to be presented to the Virginia State Bar Council this week. The new ...

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