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Tag Archives: Virginia Circuit Courts

Court Considers Transcript, Suppresses Confession (access required)

The commonwealth has not presented affirmative evidence that defendant understood her Miranda rights and a Roanoke County Circuit Court grants her motion to suppress her confession in this case of forgery and uttering. Upon receiving her Miranda warning, the officer ...

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No ‘Reckless’ Pleading for ‘Ordinary’ Accidents (access required)

A Fairfax Circuit Court dismisses claims in two unrelated automobile accident personal injury suits that allege “recklessness” without the necessary foundation. The court recognizes that alleging reckless conduct is sufficient to state a tort claim in Virginia. However, in Virginia, ...

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Wife Took Cash, But Did Not ‘Dissipate’ Marital Asset (access required)

Although wife admits to removing $47,000 from husband’s safety deposit box in anticipation of divorce, a Hanover County Circuit Court says this was not dissipation of a marital asset and orders an equal division of the marital property. The marital ...

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New Order Can’t Correct ‘Accidental’ Language (access required)

A homeowners association suing a noncompliant owner can’t get a second default judgment with an injunction, after the first order included, “by accident,” language stating the owner was in compliance; a Fairfax Circuit Court says the earlier order was final ...

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Court Orders Constructive Trust for Stepsons (access required)

In two adult sons’ suit against their stepmother as third-party beneficiaries of their parents’ post-nuptial agreement, a Roanoke County Circuit Court says the sons are entitled to only 50 percent of their father’s life insurance proceeds, and the court imposes ...

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