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Tag Archives: Virginia Court of Appeals

CAV: Marital share of company’s value matches ownership (access required)

The circuit court did not err in classifying only 30 percent of a litigation-support company’s increase in value during the course of an owner’s marriage as marital property. The court considered evidence as to whether the increase was due to ...

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CAV: Unknown source of abuse blocks twins’ return home (access required)

Twin baby girls who, at about four months old, were found to have bone fractures and subdural hematomas indicative of abuse, could not be returned to their parents’ care when the parents were not forthcoming about how the abuse might ...

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CAV: Court had to value student loans as of couple’s split (access required)

For equitable-distribution purposes, the circuit court erred in failing to determine the amount of a husband’s student loans as of the date he and his wife separated. Under the circumstances, it was within its authority to re-open evidence on that ...

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CAV: Counsel’s appearance suggests client knew trial date (access required)

Timely notice of the required appearance date is not an element of felony failure-to-appear. In this case, notice could be inferred from the defendant’s presence in court (with counsel) when the continuance date was announced and by his counsel’s appearance ...

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CAV: Grandmother’s inaction supports refused placement (access required)

The circuit court did not err in concluding that a 12-year-old girl who had been fostered for two years by the same family, along with her siblings, should not be placed instead with her incarcerated father’s mother. The father’s family ...

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CAV: Mother’s lack of contact with kids supports termination (access required)

Despite significant compliance with social services requirements to reunite with her five living children, a mother had not substantially remedied the conditions that required them to be placed in foster care. She had not seen the children since they were ...

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CAV: $1 million Medicaid repayment order upheld (access required)

A licensed Medicaid provider serving individuals with intellectual disabilities was ordered to repay a state agency for Medicaid reimbursements it issued, due to findings that the provider failed to submit and/or maintain required documentation to support its payment claims. Because ...

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CAV: News article on prior trial not testimonial; admissible (access required)

At a defendant’s probation revocation hearing, the circuit court properly admitted information about the defendant’s most recent convictions as reported in a news article read by the prosecutor. The article was written to inform the public, not in anticipation of ...

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