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Tag Archives: Judge Wesley G. Russell Jr.

CAV: Self-help moots remedies sought for deficient roof work (access required)

No remedy existed for condo owners who, unhappy with a roof renovation, wanted the city to inspect the work and cite the roofer.  After a second contractor made fixes, there was nothing for the city to inspect and no opportunity ...

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CAV: Records from national pawn shop database admissible (access required)

In a grand larceny trial relating to stolen jewelry, printouts from LeadsOnline, which stores resellers’ purchase records for cooperation with law enforcement agencies, were admissible under the business-records exception to the hearsay rule. Background Appellant Joseph Melick was convicted in ...

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CAV: Termination of mom’s rights reversed (access required)

Evidence didn’t support the circuit court’s ruling that a mother failed to remedy past conditions of child abuse. The record also didn’t support affirmance on the alternate ground of inadequate parenting skills advance by the Department of Social Services. Background ...

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CAV: Request to “see” pill bottle included its contents (access required)

When a citizen conversing voluntarily with police gave them the unlabeled pill bottle in his pocket, he consented to inspection of both the outside and inside. The trial court erred in suppressing the contents. Background At around 10:30 p.m. on ...

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Tuition payments deemed waste of marital assets (access required)

Divorce Decree FEA

A divorcing father’s unilateral decision to use a marital investment account to pay for his adult son’s master’s program was properly considered waste of the marital assets, the Court of Appeals of Virginia has ruled. A Fairfax County circuit judge ...

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Va. Court of Appeals: School payments were waste of marital assets (access required)

In a divorce action, the court affirmed an equitable distribution that offset the husband’s share by the amount he independently spent on college tuition for the divorcing couple’s adult son. The husband was unable to overcome the marital presumption attaching ...

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