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Author Archives: Robert Smithmidford

Study offers way to impute income in child support (access required)

Courts would have a new set of procedures to follow when calculating imputed income under a proposal that may go to the General Assembly. Virginia Lawyers Weekly obtained a copy of a draft report containing the recommendations of the Child ...

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Legal aid, blaming cuts, may ask VSB for money (access required)

ALEXANDRIA–Facing large cuts in federal funding, legal aid programs in the commonwealth may ask the Virginia State Bar to help foot the bill. At its Sept. 15 meeting, the VSB Executive Committee heard a plea from Charles E.K. Vasaly, executive ...

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Carpal comp rests on when symptoms arose (access required)

Workers’ compensation coverage for carpal tunnel syndrome and other repetitive motion conditions depends on whether symptoms arise suddenly or over time, under a Court of Appeals decision issued last week. Although the Supreme Court has denied compensation for repetitive trauma ...

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Prior DUIs with flaws still count (access required)

During a repeat drunken-driving prosecution, a judge can consider a prior conviction where the defendant had no lawyer and served two days in jail, the en banc Court of Appeals has ruled. Even though the sentence may have been unconstitutional, ...

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Advokati visit Arlington to study U.S. legal system (access required)

ARLINGTON–Imagine preparing for your first jury trial, but doing it without any practice in law school, or any advice from senior partners or colleagues. In fact, imagine doing it in a country where there have been no jury trials in ...

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DUI success may depend on prosecutor's choice (access required)

The fate of a DUI Double Jeopardy Defense may depend on which prong of the state’s DUI statute is used by the commonwealth. A Richmond Circuit Court decision provides guidance on which prong of the DUI statute shares common elements ...

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Criminal Procedure: Lawyer must renew motion to strike to save appeal (access required)

A defendant must renew a motion to strike at the end of his case to preserve sufficiency of the evidence as an issue for appeal, the Court of Appeals has ruled. The en banc decision reaffirms common practice and reverses ...

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Small Claims Courts can do your clients a favor (access required)

Long-time clients come to your office. You handled the couple’s house closing and wrote their wills. Now they have a problem. Their son was bitten by the neighbor’s dog. They are trying to get the neighbor to pay the $600 ...

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Judge can talk to child alone on custody wish (access required)

A child can be interviewed alone in chambers by a commissioner deciding a custody dispute, despite one parent’s objection, the Court of Appeals has ruled in a case of first impression. In its initial foray into the area of child ...

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Adoption more "final" under new law (access required)

Changes to Virginia’s adoption law promise to make the legal process swifter and more certain when birth parents give their child up for adoption to new parents. The changes were recommended by a legislative subcommittee that studied Virginia’s adoption laws ...

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