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Author Archives: Deborah Elkins

Search & Seizure – Seizure – Consent To Search (access required)

A trial court was entitled to credit a police officer’s account that defendant consented to a search when he “kind of raised his hands” when asked if he had any contraband, as if to say “you can search me if ...

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Criminal – Burglary Tool Possession – Intent (access required)

The Court of Appeals affirms defendant’s conviction for possession of burglary tools, despite his claim the prosecution did not prove the requisite intent, as well as revocation of defendant’s suspended sentence. A security guard found defendant on MAACO’s fenced auto ...

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Criminal – Embezzlement – Intent – Non-Profit Treasurer (access required)

The Court of Appeals vacates embezzlement convictions of the treasurer of a non-profit corporation formed to manage common areas of a residential real estate development in Bath County, as the commonwealth failed to prove she intended to embezzle funds when ...

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Criminal – Murder Conviction – Cause Of Death – Expert Opinion (access required)

Testimony from the medical examiner who examined the victim’s beaten body in 1983, at the time of her death, on the sequence of injuries and cause of death from head injury, supported the conviction of defendant, who was arrested under ...

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Domestic Relations – Property Settlement Agreement – Husband’s Competence – Mental Disability (access required)

Husband, a schizoaffective psychotic on weekend furlough from a psychiatric ward, did not have the requisite mental competence to agree to a marital settlement that transferred all marital assets to wife and all marital debts to husband, and the Court ...

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Search & Seizure – Search Warrant – Affidavit (access required)

An affidavit that merely asserted that a “reliable person” had observed oxycontin and methadone inside a particular residence within the past 72 hours, and stated the search was “requested in relation to an offense substantially described as follows: 18.2-248 – ...

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Civil Procedure – Discovery Responses – Debt Collection (access required)

In this consumer protection suit challenging defendants’ efforts to collect a debt, a magistrate judge in the Richmond U.S. District Court suspends the trial date to allow for additional discovery responses, and partially grants plaintiff’s motion to compel, including ordering ...

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Employment Discrimination – Title VII – Sexual Harassment – Corporate Veil (access required)

A woman who alleges she was sexually harassed by male employees of one corporate entity, Shaw Constructors, cannot hold two related corporate entities, Shaw Group and Shaw Services, liable based on evidence that Service Services issued her paychecks and Shaw ...

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Contract – False Claims Act – Logistics Support – Water Services (access required)

An Alexandria U.S. District Court dismisses this False Claims Act complaint filed by qui tam plaintiff who served as a water purification specialist at Camp Ar Ramadi in Iraq and who alleges defendant government contractor failed to test and treat ...

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