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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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Roanoke, C'ville to explore local spousal-support rules (access required)

The movement to adopt local spousal-support guidelines has spread to two major cities in Virginia. Bar associations in Roanoke and the Charlottesville-Albemarle area have appointed committees to explore guidelines. In both instances, area judges initiated the process. And by year’s ...

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Where you'll find guidelines used (access required)

If you handle family-law cases in the following areas, your cases may be affected by spousal-support guidelines: * Fairfax * Warrenton/Fauquier County * Harrisonburg * Rockingham County * Winchester * Frederick County * Staunton/Augusta County * Martinsville And guidelines are ...

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News Analysis: When juror rehabilitation doesn't work (access required)

A trial judge has wide discretion in deciding whether to seat a juror or not. Indeed, the standard for overturning a judge on this point is “manifest error.” But a criminal defense attorney may want to keep a copy of ...

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Prosecutors: New PR Code ties our hands (access required)

Prosecutors fear they will be targets of ethics complaints if a new rule is adopted from a draft revision of the Code of Professional Responsibility. Under the draft, it would be an ethics violation for a prosecutor to pursue a ...

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What the new PR Code would mean (access required)

Although the new draft Code of Professional Responsibility by and large continues current requirements, it contains some significant changes: 1. Adverse authority. A lawyer would be required to present adverse authority in a controlling jurisdiction, even if opposing counsel does ...

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News in Brief for Feb. 20, 1995 (access required)

Deadline nears for capital recertification Attorneys wishing to be recertified to defend indigent defendants in capital cases will need to apply by June 1 to be requalified as of July 1. The current list of certified capital counsel includes 221 ...

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Six bars tag Koontz, Taylor and Willett (access required)

If the six largest statewide bar associations have their way, Judge Lawrence L. Koontz of the Virginia Court of Appeals soon will be a justice on the Virginia Supreme Court. The former chief judge of the appellate court was endorsed ...

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