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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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Firing over drug-rehab won't support Bowman claim (access required)

A man who missed work after entering a drug rehabilitation program cannot sue his employer under Virginia law for wrongful discharge in violation of public policy, a federal judge in Roanoke has ruled. While eradicating drug addiction is a laudable ...

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What must a landlord do when re-letting property? (access required)

Most legal controversies never make it to the Virginia Supreme Court, but one spat over a commercial lease has reached the high court twice. In the dispute’s latest incarnation, the Supreme Court has agreed to hear arguments over the landlord’s ...

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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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