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Author Archives: Virginia Lawyers Weekly

Criminal – Revocation Of Suspended Sentence – Inability To Pay Restitution – Sufficiency – Reversal (access required)

Where the parties agree that defendant’s failure to make his restitution payments for his crime of embezzlement were not willful, but were the result of his failure to make sufficient income to pay on the schedule ordered by the circuit ...

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Domestic Relations – Guardian Ad Litem Fees – Custody Hearing (access required)

Where the circuit court judge appointed a guardian ad litem to represent the minor child when custody of the child was litigated incident to the parents’ divorce proceeding, and the father was ordered to pay 80 percent of the guardian ...

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Evidence – Minor Rape Victim – Out-Of-Court Complaint (access required)

Although the alleged child victim of rape did not testify in court, her out-of-court complaint nevertheless is admissible in court because the complaint corroborates, not the testimony of the victim, but the occurrence of the crime. The five-year old victim’s ...

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Workers' Comp – Equitable Estoppel – State Employee (access required)

Where the state employer’s workers’ comp claims coordinator, as well as claimant and her husband, testified that several times the coordinator had assured claimant and her husband that the necessary papers had been filed to process the comp claim, and ...

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Criminal – Writ Of Prohibition – Juvenile Defendant (access required)

In this juvenile case, we grant the application for a writ of prohibition under Code § 17-116.04, and issue a writ prohibiting further proceedings against petitioner in the circuit court on the criminal charges involved in this matter. The remedy ...

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Workers' Comp – Claim – Timely Filing – Striking Employer's Defenses – Abuse Of Discretion (access required)

Although employer’s responses were not timely filed and claimant had not received answers to his interrogatories by the time of the hearing before the deputy commissioner, the deputy commissioner erred in striking all of the employer’s defenses except the defense ...

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Criminal – DUI – Breathalyzer Measurement – Margin Of Error (access required)

Although defendant, who had a BAC of .10 percent one hour after being arrested for DUI, presented expert testimony on the margin of error of blood and breath alcohol concentration and testing, this evidence did not rebut the statutory presumption ...

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