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Author Archives: Virginia Lawyers Weekly

Criminal – Impeachment Evidence – Tainted Identification – Reversal (access required)

Where the prosecution attempted to impeach defendant at trial with two felony convictions in cases which were not yet final because defendant had not been sentenced, this was an improper impeachment with evidence of still pending prosecutions, and defendant’s conviction ...

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Domestic Relations – Desertion – Spousal Support – Prenuptial Agreement – Cancelled Wedding (access required)

Where the parties signed a prenuptial agreement, but the husband cancelled the wedding later that same day, causing the parties to break off their cohabitation and social relationship, the parties’ subsequent marriage a year later did not create a binding ...

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Criminal – Reopening Trial – Additional Evidence – Identical Twin (access required)

Where the trial court had released the witness at defendant’s trial for cocaine distribution and ordered a 30-minute recess for counsel to consider jury instructions, and during the recess, defense counsel told the court that defendant had informed him during ...

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Domestic Relations – Termination Of Parental Rights – GAL Appeal (access required)

Termination of the mother’s parental rights to her young daughter was in that child’s best interests where 1) the mother is mildly mentally retarded, paranoid schizophrenic and does not take her medication on a regular basis, and 2) numerous protective ...

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Criminal – DUI – Arrest Outside City Limits – Admission Of BAC Test (access required)

Although defendant was arrested for DUI outside the Fairfax city limits, the trial court properly rejected his argument that the blood alcohol test results based on this alleged unlawful arrest should not have been admitted as evidence at his trial. ...

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Domestic Relations – Spousal Support – Death Or Remarriage (access required)

Where the parties agreed in writing that husband would pay wife $200 per month for a period of five years, but the agreement was silent as to any termination of the spousal support in the event of remarriage or death, ...

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Criminal – DUI – Second Offense – First Conviction Void (access required)

Although defendant’s first conviction for DUI was under Fairfax County Code § 82-4-017, which this court later held to be invalid, he nevertheless was properly sentenced under Code § 18.2-270 for second DUI offense within five years. We hold that ...

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Domestic Relations – Equitable Distribution – Family Stock Shares – Family Gifts To Husband – Transmutation (access required)

Where the husband presented evidence that 451 shares of stock in the family corporation given to the husband by his father during the marriage were in husband’s name only, were intended as a gift and always were intended to be ...

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Criminal – Marijuana Possession – Impeachment With Pleadings (access required)

Where defendant in this marijuana possession case filed a motion to suppress claiming a possessory interest in a brown bag in which the marijuana was discovered, but at his later trial denied having possessed the bag, his earlier testimony regarding ...

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