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Monthly Archives: October 2007

Administrative – ABC License – Time Restrictions (access required)

A neighbor who objected to the issuance of liquor licenses to Ocean View Fishing Pier LLC in Norfolk allowing late-night service has standing to appeal the decision on licensure and her appeal is not moot; however, because the ABC Board’s ...

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Criminal – Right To Counsel – Waiver – Interrogation (access required)

Although defendant initially asked for a lawyer while being questioned at the police station about a robbery, as the officers left the room, he initiated conversation and offered to talk without a lawyer, and the trial court did not err ...

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Rehearing Granted (access required)

On Oct. 23, 2007, the Virginia Court of Appeals granted rehearing en banc in Ferguson v. Commonwealth (VLW 007-7-326), Record No. 0539-06-1. The original panel opinion of Sept. 11 held that a defendant could not be convicted of malicious wounding ...

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Search & Seizure – Confidential Informant – Probable Cause (access required)

Although police had received reliable information in the past from this confidential informant, the informant’s mere physical description of defendant, his location at a particular street corner, and an assertion that he was selling drugs, were not enough to provide ...

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Search & Seizure – Probation Revocation – Drug Conviction Reversal (access required)

Although the Virginia Court of Appeals reversed defendant’s 2004 cocaine conviction on the basis of a warrantless entry into defendant’s rooming house, the circuit court nevertheless could look to the facts of drug possession underlying the 2004 conviction to revoke ...

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Pizza deliverywoman steps through rotten board on porch – $280,000 Settlement (access required)

Plaintiff, a Pizza Hut deliverywoman, was injured when she stepped through a rotten board on the defendant’s front porch while delivering a pizza at night. The defendant claimed the plaintiff was contributorily negligent since she had delivered pizza to their ...

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Patient loses sight in eye after doctor is unavailable – $450,000 Settlement (access required)

The plaintiff was admitted to the Hunter Holmes McGuire Department of Veterans Affairs Medical Center in Richmond for multiple medical problems in April 2005. The plaintiff had complications from a previous stroke and was under the supervision of a neurologist. ...

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Restrictive covenant overbroad in employment agreement – Declaratory Judgment (access required)

The case in chief is a declaratory judgment action based on the enforceability of an employment agreement with several restrictive covenants. On cross-motions for summary judgment, the court found the agreement unenforceable as a matter of law for several reasons. ...

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Suture needle left in vagina after birth – $100,000 Settlement (access required)

Plaintiff entered the hospital for the birth of her child. After delivering the child, she was found to have two tears in her vagina. The attending physician and a resident attempted to suture the wounds, but had difficulty doing so ...

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