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Yearly Archives: 2007

Criminal – Concealed 'Weapon' – Kitchen/Butcher Knife (access required)

Reversing a concealed-weapon conviction, the Supreme Court holds that a kitchen butcher knife is not a “weapon of like kind” under Va. Code Sect. 18.2-308(A). A man used the knife to threaten a store manager as he left without paying ...

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Criminal – Habeas Corpus – Ineffective Assistance – Double Jeopardy Claim (access required)

The Supreme Court grants a writ of habeas corpus based on the ineffective assistance of petitioner’s trial counsel, who failed to object at trial on double jeopardy grounds to defendant being charged with both aggravated involuntary manslaughter and common law ...

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Criminal – Reckless Endangerment – Sleepover Drug Ingestion (access required)

A woman who had friends of her teenage daughter sleep over and who suspected they were under the influence of drugs but delayed seeking medical attention until she called the father of one girl, who had taken four Ambien sleeping ...

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Criminal – Sexually Violent Predator – Prior Rape Acquittal (access required)

At a civil proceeding to determine defendant’s eligibility for classification as a sexually violent predator, the trial court did not err in admitting evidence that defendant previously had been tried and acquitted by a jury on a separate charge of ...

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Negligence – Child Drowning – Swimming Pool Gate (access required)

The Supreme Court reverses a judgment for a homeowner who claimed she adequately secured a gate on a chain-link fence that surrounded her backyard swimming pool, and reinstates the $217,349 verdict for the mother of the 30-month-old child who drowned ...

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Negligence – John Doe Defendant – Tunnel Officer Injury (access required)

A safety service patrolman for VDOT who was stationed at the Hampton Roads Bridge Tunnel, and who was struck in the forehead, allegedly by an object thrown from a passing vehicle as the patrolman attempted to clean lenses on cameras ...

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Negligence – Public Duty Doctrine – Road Maintenance – Warning Of Ditch (access required)

On interlocutory appeal, the Supreme Court of Virginia refuses to extend the “public duty doctrine” to bar a widow’s suit alleging that a VDOT maintenance crew supervisor was negligent in failing to mark or warn about a shallow trench in ...

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Negligence – Workers' Comp Bar – Stone Delivery – Driver Injury (access required)

A truck driver who had no obligation to assist in unloading a load of stone from her tractor-trailer but who was injured while assisting to connect pallets with a strap to be unloaded by forklifts, was not a statutory employee ...

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Real Estate – Condo Common Elements – Association Standing (access required)

Under Va. Code Sects. 55-79.53(A) and -79.80(B), only a condominium unit owners’ association has standing to sue for claims related to common elements and limited common elements, and a trial court did not err in dismissing a suit filed by ...

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