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Author Archives: Virginia Lawyers Weekly

Tort\Negligence — Conversion – Tax-Deferred Exchange (access required)

Where defendant lawyer, who was managing agent and director of a corporation which functioned as a qualified intermediary in tax-deferred exchanges under I.R.C. § 1031, accepted $660,000 from plaintiff for future investment in rental properties, but defendant only purchased two ...

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Civil Practice – Nonsuit – New Allegations – Tort/Negligence – Slip & Fall – Handicap Ramp Condition (access required)

Where plaintiff nonsuited his original case in which he alleged that defendant restaurant was “negligent in failing to recognize the danger that then and there existed, in failing to repair and/or maintain” a handicap ramp in good repair, and in ...

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Wills & Trusts – Testamentary Intent – Holographic Writing (access required)

Where proponents of the holographic writing discovered the writing on the back side of a hardware receipt, among the papers of decedent’s sister, and the writing made a disposition of the proceeds of the sale of decedent’s property, but did ...

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Workers' Comp – Apportioning Attorney's Fees – Third-Party Settlement (access required)

Where a school board employee’s workers’ compensation benefits were suspended following a settlement between the employee and the third-party tortfeasor who injured her in an automobile accident, the Court of Appeals erred in reversing the order of the Workers’ Compensation ...

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Criminal – Stay Of Execution – Jurisdiction (access required)

Where the trial court concluded that it lacked jurisdiction to grant a stay of execution to a prisoner who had exhausted his remedy of direct appeal and had requested court-appointed counsel under Code § 19.2-163.7, but had not filed a ...

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Tort/Negligence – Respondeat Superior – Newspaper Delivery (access required)

The trial court did not err in ruling that, as a matter of law, the newspaper company cannot be held liable under the doctrine of respondeat superior for injuries allegedly caused by a paper carrier as he was traveling from ...

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Criminal – Capital Murder – Mitigating Circumstance (access required)

Although defendant, who was convicted of capital murder for hire, cites a long list of evidence that he argues should have mitigated his offenses and prevented imposition of the death penalty, his conviction and that sentence are affirmed. Defendant identifies ...

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Criminal – Habeas Corpus – Custody – Supervised Probation (access required)

Where defendant received suspended fines for his three forgery convictions, as well as a community service and supervised probation for three years, he was not in custody for purposes of petitioning for a writ of habeas corpus ad subjiciendum and ...

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