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Court appointments to be insured by state (access required)

Attorneys who handle court-appointed criminal cases will soon get free legal-malpractice coverage from the state for those cases. A bill placing court-appointed counsel under the state’s insurance umbrella breezed through both houses of the General Assembly, 138-0, and was signed ...

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Tip: Double jeopardy in DUIs? (access required)

Virginia’s new administrative suspension statute may offer a blessing in disguise for DUI defendants: a dismissal of criminal charges. Attorneys are arguing that suspending a driver’s license for a DUI offense and then trying the driver in a criminal case ...

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Discovery available through license-suspension hearing (access required)

ALEXANDRIA–The new administrative suspension statute can offer a few other opportunities for defense attorneys, besides a potential double jeopardy defense. The suspension hearing can be a great source of discovery, according to F. Andrew Carroll III. He spoke at a ...

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Shared custody: child's overnight stay not a "day" (access required)

A daughter’s mid-week overnight visitation with her father does not count as a “day” in determining whether the father had “shared custody” of the daughter, the Virginia Court of Appeals has ruled in an unpublished opinion. In a 2-1 decision, ...

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Wife gets marital home, then loses it to trustee (access required)

When a divorce judge gave a wife a fee simple interest in the marital home, the property became available to pay debts in her ongoing bankruptcy, a federal judge in Alexandria has ruled. The home had been held by the ...

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Dad's assets may be tapped for support (access required)

In calculating child and spousal support, a judge should not impute income to a lawyer who went to jail and lost his license, the Virginia Court of Appeals has ruled. Although the lawyer once had earned nearly a million dollars ...

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Lower earning power does not reduce support (access required)

The Court of Appeals refused to impute income to the lawyer who lost his license in the L.C.S. case above, finding it “impossible” for him to maintain his previous level of income. But in another case, a father whose earning ...

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Infrared breath test admissible (access required)

When prosecuting a drunken driver, the commonwealth may use test results from a machine performing an infrared analysis of the suspect’s breath, the Virginia Court of Appeals has ruled in a case of first impression. The decision forecloses an argument ...

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Practice Tip: "Packaging" a parent in a child custody case (access required)

LYNCHBURG–Husbands and wives are supposed to receive equal treatment under the law. While judges and lawyers try to assure this ideal, in practice, old notions about child custody sometimes die hard. And anticipating those old notions should be part of ...

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Annunziata set to get appeals seat; Koontz to high court (access required)

Fairfax Circuit Judge Rosemarie Annunziata was cruising to a seat on the Virginia Court of Appeals last Thursday, after gaining the endorsement of the Democratic caucuses of both the House of Delegates and the Senate. She was expected to win ...

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