Criminal – Protective Order Violation – Proof Of Notice 
By Deborah Elkins
Published: April 28, 2008
A wife’s misdemeanor conviction for violation of a protective order by knocking on husband’s door and sitting in her car in his driveway, after she was ordered to stay at least one-quarter mile from his home, is reversed.
Wife contends the commonwealth did not prove that she had notice of the protective order terms.
The jury was [...]
Criminal – Indictment Nolle Prosequi – ‘Good Cause’ – Preliminary Hearing Avoidance
By Deborah Elkins
Published: April 28, 2008
A trial court should have dismissed the direct indictment of a defendant who previously was arrested on a warrant for DUI and felony assault upon an officer, as defendant’s later indictment violated her statutory right to a preliminary hearing pursuant to Va. Code § 19.2-218.
Defendant was arrested on a warrant before her direct indictment in [...]
Administrative – Nursing Home Beds Transfer – Standing – ‘Good Cause’
By Deborah Elkins
Published: April 28, 2008
Assuming appellant nursing homes have standing to challenge the constitutionality of “the Relocation Act,” 2005 Va. Acts ch. 99, the Court of Appeals holds that the Act cannot be judicially vacated as an unconstitutional special law.
Appellants are five nursing homes who claim the Virginia Department of Health should not have granted a request by a [...]
Rock thrown by playmate damages 7-year-old’s eye
By Virginia Lawyers Weekly
Published: April 28, 2008
$300,000 Settlement
Plaintiff, a 7-year-old boy, was playing with several other children by a creek near his home in Colonial Heights. Defendant, a 13-year-old boy, threw a rock that struck plaintiff in the left eye.
Plaintiff suffered a left orbit fracture and a concussion and sustained a permanent decrease in vision in his left eye as [...]
Domestic Relations – Bankruptcy Discharge – Attorney’s Fees
By Deborah Elkins
Published: April 28, 2008
A husband’s debt of attorney’s fees to wife in her proceeding against husband for violations of a court visitation order cannot be discharged in husband’s bankruptcy, because the fee award to wife is “in the nature of child support.”
When the parties divorced in 2004, wife won sole legal and primary physical custody of the parties’ [...]
Cop breaks suspect’s arm during arrest at bar – $350,000 Verdict + interest
By Virginia Lawyers Weekly
Published: April 28, 2008
The plaintiff called 911 after witnessing what he thought was an assault in a bar on Jan. 1, 2006. The defendant police officer arrived and refused to talk to the plaintiff or his friend. After speaking to the bartender, he came out and placed the plaintiff under arrest. When the plaintiff tried to explain to [...]
Civil Procedure – Default Judgment – Appellate Record
By Deborah Elkins
Published: April 28, 2008
A circuit court’s default judgment awarding plaintiff Edward Rabideau $1.45 million in damages against defendant Prince Seating Corporation, a New York company, is upheld on appeal.
Prince Seating moved to set aside the default judgment and averred that it was located at a different address than the address at which plaintiff effected service through the Secretary [...]
Search & Seizure – Folded Dollar Bill – Probable Cause
By Deborah Elkins
Published: April 28, 2008
Police did not have probable cause to investigate the folded-up dollar bill in a juvenile defendant’s wallet, and the trial court did not err in denying defendant’s motion to suppress.
Defendant contends the circuit court erred because it did not reverse the circuit court’s refusal to sustain his motion to suppress seizure of the folded dollar [...]
Search & Seizure – Protective Sweep – Suicide Threat – Barricaded Home
By Deborah Elkins
Published: April 28, 2008
Police who had defendant under surveillance after his live-in girlfriend reported he had been drinking and threatened suicide did not have “exigent circumstances” or another reason to enter defendant’s home to make a “protective sweep” after defendant was subdued and arrested outside his home, which reportedly was empty, and the shotgun evidence police discovered in [...]
Coverage at issue in crash of Medicare van – $1,136,235.61 Verdict
By Virginia Lawyers Weekly
Published: April 28, 2008
Thelma Hargrove, a 65-year-old woman who had had both legs amputated above the knee because of diabetes, suffered multiple fractures to her right shoulder and arm, among other injuries, in a traffic accident in Halifax County in December 2004 on U.S. 360 near Clover.
She was airlifted to Roanoke Memorial Hospital where plates and a rod [...]
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