Criminal – Murder – Robbery – Defendant’s Statements 
By Deborah Elkins
Published: May 12, 2008
A defendant’s status as a 14-year-old at the time he confessed to robbing and murdering his uncle, along with two other teenage accomplices, was not a basis for refusing to admit his statements to police, the Court of Appeals holds.
In concluding that defendant’s Miranda waiver was knowing and intelligent, the trial court specifically noted it [...]
Search & Seizure – Marijuana – Purse In Vehicle
By Deborah Elkins
Published: May 12, 2008
A trial court did not err in suppressing marijuana found in a knotted plastic baggie in defendant’s purse, located in her vehicle, evidence obtained in violation of defendant’s Fourth Amendment rights, according to the Court of Appeals.
We agree with the trial court’s conclusion that Grandison v. Commonwealth, 274 Va. 316 (2007), controls the outcome of [...]
Criminal – Murder – Arson – Inculpatory Statements – Crack Influence
By Deborah Elkins
Published: May 12, 2008
The Court of Appeals holds that a defendant cannot suppress inculpatory statements he made to detectives on the ground that he was incapable of understanding or waiving his Miranda rights at the time because he was under the influence of Geodon, an anti-psychotic drug, as well as crack cocaine at the time he made the [...]
Criminal – Identification – Suggestive Show-Up
By Deborah Elkins
Published: May 12, 2008
A defendant who did not claim in his brief that the trial court erred by allowing a robbery victim to identify defendant in court and conceded at oral argument that he was not challenging admission of the in-court identification on appeal has mooted any further appellate challenge to admission of the victim’s out-of-court identification after [...]
Search & Seizure – Untimely Motion – Felon In Possession
By Deborah Elkins
Published: May 12, 2008
A defendant’s letter to the trial court asking for a telephone conference “about scheduling motions” and “discussing a continuance” were not sufficient to timely allow consideration of defendant’s motion to suppress, the Court of Appeals holds.
Here, on the scheduled trial date, defendant sought a continuance for the purpose of having his suppression motion timely heard. [...]
Man injured, girlfriend dies in Greene County collision – $650,000 Settlement
By Virginia Lawyers Weekly
Published: May 12, 2008
Plaintiff was a 19-year-old male traveling at approximately 45 mph on an unmarked road in Greene County in a subcompact automobile. Plaintiff’s girlfriend was the front-seat passenger. Defendant driver was traveling in the opposite direction in a pickup truck. He attempted to make a left turn in front of the plaintiff into a [...]
Domestic Relations – Termination Of Parental Rights – Substance Abuse
By Deborah Elkins
Published: May 12, 2008
The Court of Appeals says a trial court did not err in refusing to admit four documents proffered by the Norfolk Division of Social Services related to the initial removal of mother’s two children from her home for neglect as a result of mother’s drug abuse.
The trial court ruled the documents at issue were not [...]
Domestic Relations – Child Support – Custody Award
By Deborah Elkins
Published: May 12, 2008
The fact that a mother was awarded sole legal custody of the parties’ children does not mean the father was relieved of his obligation to pay child support, the Court of Appeals holds.
In order to terminate all of father’s parental rights and make him a stranger to the children, a court must follow very specific [...]
Criminal – Carjacking – Prior Bad Acts – Domestic Disputes
By Deborah Elkins
Published: May 12, 2008
At defendant’s trial for carjacking of his former girlfriend as she arrived for work, the trial court did not err in admitting evidence of a prior domestic dispute when the woman had called police to complain defendant assaulted her, according to the Court of Appeals.
The commonwealth argued the earlier incident was proffered not to show [...]
Surgery for colon cancer botched in 79-year-old patient – $500,000 Settlement
By Virginia Lawyers Weekly
Published: May 12, 2008
During a routine colonoscopy, doctors discovered the 79-year-old plaintiff had an atypical polyp of the sigmoid colon with the possibility of it being cancerous. The polyp was removed and sent for biopsy. Plaintiff underwent a low anterior resection with an end-to-end anastomosis to remove the cancerous polyp.
While recovering at home, the plaintiff noted feces [...]
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