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Author Archives: Deborah Elkins

No give-back for $3M ED award

A husband who voluntarily paid a $3 million equitable distribution award and $72,000 of wife’s attorney’s fees has forfeited his right to challenge the court-ordered payments on appeal, the Court of Appeals said yesterday. But the husband got a consolation ...

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Wills & Trusts – No-Contest Provision – Stepson Executors – Widow’s Lawsuits (access required)

A widow’s 12-count bill of complaint filed in 2002 and her 2004 motion for judgment alleging conversion and seeking $2.1 million from her husband’s estate, challenging what she called the “will from hell,” triggered the will’s no-contest provision, and a ...

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Contract – Stock Redemption – Subordination Agreement – Fraud (access required)

A former executive with Arrowpoint, a Virginia IT government contractor, can sue Arrowpoint, a related company Arrowpoint International and Arrowpoint’s president and CEO Chrystle Small for fraud arising from the exec’s agreement to sell his interest in Arrowpoint back to ...

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Criminal – Expungement – Standard of Proof – Job Search (access required)

Although the standard of proof is a little murky, a man’s suspicion that he wasn’t being hired because he had been arrested – but acquitted – of attempted malicious wounding of an officer is not a “manifest injustice” that requires ...

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Criminal – Second-Degree Murder – Bill Of Particulars (access required)

A Fairfax Circuit Court grants a defendant’s motion for a bill of particulars under Va. Code § 19.2-266.2(C) for information that may assist defendant in bringing a motion or objection raising his constitutional protections against illegal search and seizure or ...

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Civil Procedure – Final Order – Rule 1:1 – Condemnation Action (access required)

In this follow-up to a condemnation action by the Commonwealth Transportation Commissioner, a Fairfax Circuit Court denies respondent landowner’s request for reimbursement of expert costs; although the “final order” entered in this case reserved respondent’s right to seek costs, the ...

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Criminal – Habeas – Ineffective Assistance – Competency (access required)

Although this habeas petitioner contends his lawyer should have requested a psychiatric examination because petitioner “constantly blabbered that he was a police officer” and his family thought he was acting strange, he has not presented any facts or evidence to ...

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Real Estate – Unlawful Detainer Appeal – Quiet Title Action (access required)

In defendants’ appeal of a bank’s successful unlawful detainer action in general district court, a Fairfax Circuit Court says defendants may introduce evidence of title only as it relates to who has the superior right of possession, but it cannot ...

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