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Author Archives: Virginia Lawyers Weekly

Criminal – Search & Seizure – Vehicle Search – Passenger (access required)

Where two members of the city police strike force lawfully stopped a vehicle driven by a known drug dealer with a reputation for violence involving firearms, and the officers had information that the dealer was being “protected,” considered him dangerous ...

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Domestic Relations – Child Support Guidelines – Deviation – Written Findings – Transfer To Juvenile Court (access required)

Although the circuit court in this case transferred “any other matters pertaining to support and maintenance…and custody” to the juvenile and domestic relations district court pursuant to Code§ 20-79(c), this transfer order did not divest the circuit court of its ...

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Criminal – Breaking & Entering – Sufficiency – Reversal (access required)

Defendant’s conviction for daytime breaking and entering of a motel room with intent to commit robbery, in violation of Code § 18.2-90, is reversed because there was insufficient evidence to convict defendant of the “breaking” element of the offense. There ...

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Domestic Relations – Spousal Support – Reduction (access required)

The trial court did not err in denying husband’s request for a reduction in spousal support, despite the reduction in the husband’s income from his law practice during 1992, since husband continued to have the ability to pay the current ...

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Criminal – Juvenile – Transfer To Circuit Court (access required)

Where the juvenile defendant’s case was moved from juvenile court to circuit court, the trial judge erred in failing to conduct an ore tenus hearing on the commonwealth’s petition for removal under Code § 16.1-269(E). On rehearing, defendant’s conviction is ...

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Domestic Relations – Equitable Distribution – PI Settlement Proceeds (access required)

The trial court did not err in holding husband accountable for the amount of insurance proceeds existing at the time of separation. The trial judge earlier ruled that the proceeds of a $300,000 personal injury settlement were the separate property ...

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Criminal – Search & Seizure – Knock & Announce (access required)

Where the police officers did not knock or announce their presence prior to entering defendant’s apartment to execute a warrant, and there were no exigent circumstances, although an informant had told the police defendant kept weapons around the house, the ...

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Criminal – Malicious Bodily Injury – Sufficiency (access required)

Where the evidence proved that defendant intentionally grabbed and threw to the ground an 81-year-old man during the course of a robbery, there was sufficient evidence to convict defendant of maliciously causing bodily injury in violation of Code § 18.2-51. ...

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