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Tag Archives: Judge Larry G. Elder

Criminal – Post-Release Supervision – Constitutional (access required)

The Court of Appeals rejects defendant’s separation-of-powers argument, and holds that because the statutory scheme of Va. Code § 19.2-295.2 does not require the Virginia Parole Board, an executive agency, to usurp the judicial function of assessing punishment, the appellate ...

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Domestic Relations – PSA – Marital Residence – Net Sale Proceeds (access required)

A divorce court erroneously construed a couple’s property settlement agreement to relieve wife of her obligation to pay husband the amount specified in the agreement if the net proceeds from sale of the marital residence were insufficient to provide that ...

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Workers’ Comp – Late Payments – Employer Penalties – Docketing Application (access required)

An employer’s claim that it continued to pay a resort housekeeper at or above her workers’ comp rate after she returned to light-duty work does not relieve the employer of additional payments on claimant’s award; the commission erred in concluding ...

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Workers’ Comp – Employer/Employee Relationship – Tax Withholding (access required)

Although a skilled carpenter elected to make his own withholding tax payments, appellant construction company exerted control over claimant carpenter by directing his work on a daily basis, and the Court of Appeals upholds an award of workers’ comp for ...

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Criminal – Speedy Trial Act – B&E – Credit Card Theft (access required)

As defendant failed to object to a commonwealth motion for a continuance, the speedy trial statute was tolled during that continuance, and defendant cannot demonstrate a speedy trial violation under the Virginia statute; the Court of Appeals affirms his convictions ...

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Domestic Relations – PSA – Unconscionability – Husband’s Retirement (access required)

The Court of Appeals says a property settlement agreement that gave wife a 1999 pickup truck, her “yard sale” personal property and left her free of a $100,000 mortgage on the $300,000 marital home, after 38 years of marriage, was ...

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