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Return of license estops DUI charge (access required)

A driver who won back her suspended license could use collateral estoppel to get her DUI case dismissed in Prince William General District Court. The case appears to be the first reported instance in which collateral estoppel has succeeded as ...

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Orange Co. joins jurisdictions rejecting DUI defense (access required)

While collateral estoppel worked in one case in Prince William last week, the DUI double-jeopardy defense was being used with mixed results elsewhere. A Circuit judge in Orange County rejected the defense. The decision counters a General District Court ruling ...

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Mail service abroad fails (access required)

A Virginia plaintiff cannot serve process on an Italian insurance company merely by having papers mailed directly to its business address in Milan, an Alexandria federal judge has ruled, adopting the report of a magistrate judge. There is a split ...

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How high-income clients can lower child support (access required)

Come July, expect clients who pay child support–and who have high incomes–to be knocking on your office door asking to change their support decrees. For those who do not come knocking, you might want to call to suggest a modification. ...

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Parents not present, but boys' confession admitted (access required)

In two cases where juveniles confessed to murder without a parent present during questioning, the confessions were properly admitted into evidence, the Court of Appeals ruled last week. In one of the cases, Novak v. Commonwealth (VLW 095-7-407), a 16-year-old ...

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Rule on "slow plea" on the way (access required)

WILLIAMSBURG–The Judicial Council will consider whether the so-called “slow plea” in bifurcated felony trials is valid. A “slow plea” occurs when a defendant pleads not guilty in a felony case. If the jury then returns a guilty verdict, the defendant ...

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Carriers tap database to keep med pay low (access required)

Several insurance carriers have found an effective new tool for paying a doctor less than he or she billed. A database of thousands of claims from across Virginia is used to establish the “prevailing rate” for a given procedure or ...

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What is a community? (access required)

Although using a claims database may provide a basis for evaluating whether a medical claim under workers’ compensation exceeds the prevailing rate in the community, it leaves unanswered a more basic question: How should “community” be defined in workers’ compensation ...

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The Writ Stuff: What Lacy seeks in granting an appeal (access required)

HOT SPRINGS–The Virginia Supreme Court’s writ procedure is not a quota system or a case management tool, according to Justice Elizabeth B. Lacy. Nor is it “a way to duck the issues,” as Lacy said one lawyer told her. Instead, ...

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DUI double jeopardy appealed (access required)

Observers of the DUI double-jeopardy defense have been expecting the issue to be decided in Virginia’s appellate courts. Now the process has begun. At least one case is in the appellate system. The first written opinion on the defense from ...

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