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Random review tabled (access required)

HOT SPRINGS – The Virginia State Bar Council has sent random review of lawyer trust accounts back to the drawing board. At its meeting Oct. 14 and 15 at the Homestead, the council deferred voting on a proposal to establish ...

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DNA database makes "cold hit" (access required)

Virginia’s DNA matching system made its first “cold hit” – a match between crime scene evidence and a genetic sample in state forensic records – and provided probable cause for the arrest of a rape suspect. The case comes as ...

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"Caretaker function" not a basis for stop (access required)

A state trooper’s desire to find out if a motorist was having any mechanical difficulty was not a justifiable reason to stop the motorist’s pickup truck, the Virginia Court of Appeals has ruled. In overturning the defendant’s drunken driving conviction, ...

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Wife's affair prompts distress claim (access required)

A Northampton County man may go forward with his emotional distress claim against a psychologist who originally provided marriage counseling to the man and his wife, but who later, during solo counseling with the wife, began an affair with and ...

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Exemptions can't be transferred (access required)

Separate property was not the only issue decided in Dietz v. Dietz (VLW 093-7-604). The appeals court also ruled, on a first-impression issue, that divorce judges do not have the authority to award an income tax exemption from one spouse ...

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ECOA case affirmed (access required)

The past year has seen the development of a new defense to suits on loan guarantees based on the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. Typically, a wife will resist an attempt to collect on her ...

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