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Monthly Archives: April 2007

Criminal – Obstruction Of Justice – Threats Against Officer (access required)

The Supreme Court reverses an obstruction of justice conviction under Va. Code Sect. 18.2-460(C) for a defendant who, while in lock-up following his trial on unrelated charges, repeatedly and profanely asked deputies when he would be transported back to jail ...

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Criminal – PTSD – Expert – LCSW Diagnosis (access required)

At defendant’s trial for forcible sodomy and abduction with intent to defile, the trial court did not err in allowing a licensed clinical social worker to testify that the minor victim suffered from post-traumatic stress disorder, despite defendant’s claim that ...

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Criminal – Sentencing – Guilt Phase – Other Crimes Evidence (access required)

At defendant’s trial for robbing a “Check ‘n Go” in Danville, the trial court erred in admitting statements of defendant’s involvement other crimes made during his questioning about a Henry County bank robbery, and the Court of Appeals erred in ...

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Criminal – Sexually Violent Predators Act – Expert (access required)

In determining whether defendant, who reportedly acknowledged molesting young boys up to 100 times, was a sexually violent predator under Va. Code Sects. 37.2-900 et seq., a trial court erred in admitting testimony from a licensed clinical psychologist who demonstrated ...

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Medical Malpractice – Delayed Diagnosis – Hydrocephalus (access required)

In this med-mal suit alleging defendant doctors were negligent in failing to timely diagnose decedent’s hydrocephalus, the trial court did not abuse its discretion in declining to reopen the case to allow plaintiff to move for admission of a medical ...

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Medical Malpractice – Medical Literature – Notice (access required)

In this med-mal suit alleging defendant physician was negligent in providing medical care to plaintiff for recurring back and leg pain, the trial court did not err in holding that Va. Code Sect. 8.01-401.1 barred plaintiff from introducing certain statements ...

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Municipal – Waste Authority – Landfill Operation – New Services (access required)

In this case of first impression, the Supreme Court holds that a municipally created landfill did not have to undergo review and make findings under Va. Code Sect. 15.-5121(A) prior to expanding its services from taking household waste to also ...

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Negligence – Auto Accident – Arbitration Agreement (access required)

In this personal injury suit arising from an auto accident, where plaintiff’s lawyer signed an arbitration agreement but retained the agreement instead of forwarding it to the arbitrator, the record fails to establish that the parties mutually assented to the ...

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Negligence – Contributory – Bus- Pedestrian Accident (access required)

A trial court erred in setting aside a $50,000 jury award for a 72-year-old man who was struck by a bus driven by defendant, on the ground that the man was contributorily negligent as a matter of law. The case ...

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Real Estate – Commercial Lease – Exterior Paint Job – Loan Office (access required)

A tenant that operated a loan office and that painted its leased premises, made of natural stone with off-white pebble trim, to reflect the bright yellow exterior with red trim used by all its loan offices across the country, breached ...

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