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Incarcerated Mom’s Rights Terminated (access required)

By Deborah Elkins
Published: May 23, 2013
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The Court of Appeals affirms termination of mother’s rights to her two children who were removed after two step-children ages three and four were severely injured and mother engaged in activity resulting in her incarceration on federal drug, perjury and felony child abuse charges with a mandatory minimum sentence of 15 years. Mother lived with [...]

Runaway Mom’s Rights Terminated (access required)

By Deborah Elkins
Published: May 23, 2013
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The Court of Appeals affirms terminating mother’s rights to her three-year old child for insufficient progress remedying the conditions requiring foster care; mother is an undocumented immigrant eight months pregnant with another child; her mother’s home is not suitable and the child is doing well with prospective adoptive parents. Mother had child in 2009 while [...]

Consent to Search After Traffic Stop (access required)

By Deborah Elkins
Published: May 23, 2013
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Defendant cannot overturn his bench trial conviction and one-year suspended sentence for narcotics possession by challenging the consensual nature of the police search of his vehicle, the Court of Appeals says; defendant freely consented to the search after the valid stop for a traffic infraction had ended. One night in August, a deputy sheriff stopped [...]

Husband Wins Remand on Retirement Share (access required)

By Deborah Elkins
Published: May 23, 2013
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On husband’s appeal, the Court of Appeals affirms a final divorce decree awarding wife $225 monthly spousal support and remands for clarification of the award of 35 percent of husband’s Virginia Retirement System (VRS) account; husband’s arguments are procedurally defaulted but remand is needed to conform the order to Va. Code § 20-107.3(G)(1) limiting equitable [...]

Suppression Order Reversed in Meth-Lab Case (access required)

By Deborah Elkins
Published: May 16, 2013
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A deputy who accompanied a social worker to a home to investigate the possible presence of children in a methamphetamine-manufacturing site had probable cause and exigent circumstances to enter the home, after observing items used to manufacture the drug in a burn pile outside the home and hearing movement inside when the deputy knocked at [...]

Husband’s ED Appeal Untimely (access required)

By Deborah Elkins
Published: May 16, 2013
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A husband failed to timely appeal the final divorce decree awarding wife equitable distribution and ordering husband to reimburse wife for garnishment of her wages to pay their joint debt to husband’s brother, and he did not preserve his challenge to a finding of contempt against him, and the Court of Appeals summarily affirms the [...]

Prior Md. Crime Is ‘Violent Felony’ (access required)

By Deborah Elkins
Published: May 16, 2013
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Defendant’s prior conviction under a Maryland statute for assault with intent to maim qualifies as a predicate violent offense under Va. Code § 18.2-308.2, and the Court of Appeals affirms defendant’s conviction of possession of a firearm after being convicted of a violent felony. Under Code § 19.2-297.1(B), the commonwealth could rely on defendant’s Maryland [...]

Employer Has ‘Bona Fide’ Safety-Rule Defense (access required)

By Deborah Elkins
Published: May 16, 2013
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The Court of Appeals says a commercial laundry attendant with a prior back injury is barred from workers’ comp benefits for a later back injury because of his misconduct in failing to wear the back brace, despite the attendant’s claim that the employer did not enforce its back brace safety rule. The commission did not [...]

Provider Surcharge for Comp Patients Not Paid (access required)

By Deborah Elkins
Published: May 16, 2013
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Testimony by the chief financial officer of an orthopedic practice that it charges 40 percent more for workers’ compensation patients, to cover overhead for extra time and administrative costs, does not prove the provider’s case that its fees are reasonable under Va. Code § 65.2-605, and the Court of Appeals upholds denial of the provider’s [...]

Preliminary Breath Test Inadmissible, Not Harmless (access required)

By Deborah Elkins
Published: May 16, 2013
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At defendant’s trial for reckless driving, the trial court erred in admitting testimony of the preliminary breath test with a BAC of 0.04 when no evidence was presented concerning whether such a result signified that the driver was intoxicated and driving recklessly, and the Court of Appeals reverses defendant’s conviction. We further hold that, in [...]

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