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Tag Archives: Justice Stephen R. McCullough

Any error in evidence proffer was harmless (access required)

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

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Arbitrator to decide disputed contract clause (access required)

The circuit court should have granted a construction company’s motion to compel arbitration after being sued by homeowners for allegedly defective construction. An arbitrator must interpret the arbitration clause in the parties’ contract and determine whether it is impossible to ...

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FOIA exemptions improperly applied to legal fee records (access required)

The circuit court too broadly applied the attorney-client and work-product exemptions in Virginia’s Freedom of Information Act when approving a city’s redactions of invoices for legal and expert witness fees. The case is remanded for further review and to determine ...

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Litigant not entitled to unredacted legal invoices from city (access required)

While a doctor involved in litigation with the City of Virginia Beach was not entitled to entries in the city’s legal invoices that would reveal confidential information, litigation strategy, work product or legal advice, the court found the city withheld ...

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