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Tag Archives: Virginia Court of Appeals

Defendant Not ‘Unavailable’ After Refusal to Testify (access required)

A defendant who invoked his Fifth Amendment right not to testify was not “unavailable” at his robbery trial, and the trial court erred in holding that defendant, as a hearsay declarant, was unavailable for purposes of applying the declaration-against-penal-interest exception ...

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Agency Considered Sons’ Relative Placement (access required)

The county department of family services made a sufficient effort to investigate relative placement for appellant’s two sons when it considered mother’s sister and the children’s paternal grandfather and maternal grandmother, and the Court of Appeals affirms termination of the ...

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