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Author Archives: Deborah Elkins

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No happy ending for reinstatement order

An employee won reinstatement with the employer she said violated her rights under the Family and Medical Leave Act, but the reinstatement didn’t work out the way the court had hoped. Last week, a federal judge figuratively threw up his ...

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‘Sufficiency’ challenge was sufficient (access required)

When Bradley Mowbray appealed his misdemeanor assault and battery and property destruction convictions, he simply asserted the trial judge “erred in finding the defendant guilty of a violation of Va. Code §§ 18.2-57 and 18.2-137.” The clerk of the Court ...

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‘Good cause’ to hear anti-sodomy cases (access required)

In Toghill v. Commonwealth, the Supreme Court of Virginia found good cause not to apply Rule 5:25, Virginia’s contemporaneous objection rule, and went on to hold that Virginia’s anti-sodomy law is constitutional, as applied to a defendant who solicited oral ...

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Kelsey installed as newest justice

Justice D. Arthur Kelsey was formally invested as the 103rd justice of the Supreme Court of Virginia on March 6, marking the latest milestone for the commonwealth’s high court. Presiding over the ceremony, Chief Justice Donald W. Lemons noted the ...

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Court upholds stop for no-signal turn

A driver’s unsignaled left-hand turn let an officer down the road stop the car, the Virginia Court of Appeals said when it upheld a marijuana conviction for a passenger in the car. The possibility that the unsignaled turn might have ...

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