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Author Archives: Virginia Lawyers Weekly

Domestic Relations – Attorneys/Ethics – Arbitration Award – Standard Of Review – Sanctions Under Va. Statute (access required)

Although husband argues that the circuit court should have scrutinized the arbitration award in this domestic relations case for “substantive fairness and equity,” the trial court did not err in affirming the award on the ground that it was neither ...

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Criminal – Forgery – Sufficiency – Reversal (access required)

Where defendant cashed two checks drawn on his father’s account, made payable to defendant and carrying notations that they were payments for “yardwork” and “landscaping” services, and the father testified at trial that he knew about the checks and took ...

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Domestic Relations – Former Foster Child – Custody (access required)

Although petitioners were formerly foster parents to this child with special needs and earlier had hoped to adopt the child, they did not appeal an earlier decision to remove the child to a therapeutic foster home and their current petition ...

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Criminal – Malicious Wounding – Lesser Offense – Harmless Error (access required)

Although defendant’s statements to police about his mental state at the time he assaulted the victim with pliers and his inability to control his actions may have provided a basis at his trial for malicious wounding for a jury instruction ...

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Domestic Relations – PSA – Mutual Mistake – Support Obligation (access required)

Although the husband claimed there had been a mutual mistake in the “drafting” of the parties’ property settlement agreement, and that notes and correspondence prepared by his counsel would demonstrate that the husband thought the PSA contemplated court review of ...

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Criminal – Continuance – Absent Witness – Investigator's Statement – Reversal (access required)

Where the trial court allowed into evidence at defendant’s murder trial a taped conversation between defendant and an investigator in which the investigator told defendant to “stop lying,” this admission was reversible error as it related to defendant’s sentence. We ...

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Criminal – Securities Fraud – Limitations – Sufficiency (access required)

Where defendant lawyer persuaded the victim, a client and member of his church, to turn over her inheritance to him to be managed and to execute a loan agreement even though “we all know” it was not a loan, and ...

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