Criminal – Firearm In Courthouse – Deputy Comments – Good Faith 
By Deborah Elkins
Published: May 26, 2008
Although defendant testified he previously brought a firearm to the Loudoun County courthouse on three occasions when he came to pay traffic tickets, and secured the firearm in lockers available in the courthouse for law enforcement personnel, the jury rejected the idea that defendant relied in good faith upon advice from an unidentified deputy who [...]
Criminal – Miranda Warnings – Valid Waiver
By Deborah Elkins
Published: May 26, 2008
A Virginia Beach defendant charged with first-degree murder made a knowing, intelligent and voluntary waiver of his Miranda rights even though the detective did not explicitly ask the defendant if he understood his rights, the Court of Appeals holds.
Here, the record, including a videotape, supports the trial court’s factual findings that defendant understood the Miranda [...]
Intersection crash leads to two disc surgeries – $185,000 Settlement
By Virginia Lawyers Weekly
Published: May 26, 2008
The collision took place in an intersection where the defendant, in a left-turn-only lane, failed to turn and continued straight, striking plaintiff’s left turning vehicle in the driver’s side rear door. There was approximately $1,600 in property damage to the plaintiff’s car. Both drivers drove away from the scene, and no traffic charges were filed [...]
Search & Seizure – Investigative Detention – Flight From Police
By Deborah Elkins
Published: May 26, 2008
A defendant who ran when police asked to speak with him after observing him on the street in a “high-crime” area rolling what appeared to be a marijuana cigarette gave police a reasonable suspicion to catch up to defendant, and when an officer asked defendant where the marijuana was and he said in his pocket, [...]
Woman alleges permanent injury despite 3-year lapse in treatment – $187,000 Verdict
By Virginia Lawyers Weekly
Published: May 26, 2008
Defendant admitted liability for a T-bone collision. The issues were causation and damages. The plaintiff, a school teacher for 27 years, was injured and was taken by ambulance from the scene.
Her only complaints in the emergency room were hip and knee pain. Later that day, her neck, upper back and left shoulder began to hurt. [...]
Criminal – Cocaine Seizure – Probable Cause – ‘Plain Feel’ Doctrine
By Deborah Elkins
Published: May 26, 2008
Police did not have probable cause to go into defendant’s pocket after a pat down and seize his cocaine based on an officer having felt a plastic bag in defendant’s pocket, the Court of Appeals concludes.
When the character of the item is not immediately apparent from the pat down search, and the officer does not [...]
Spotsylvania wreck causes neck, shoulder injuries – $400,000 Verdict
By Virginia Lawyers Weekly
Published: May 26, 2008
Defendant, who was driving his employer’s pickup truck, crossed the center line of the road and hit the plaintiff’s work van, causing extensive damage to both vehicles. Defendants admitted liability on the morning of the trial.
Plaintiff had no prior history of neck and shoulder pain, but experienced both immediately following the collision. Within six weeks, [...]
Criminal – Concurrent Sentence – Federal Crimes – Rule 5A:18
By Deborah Elkins
Published: May 26, 2008
A defendant convicted of robbery and related charges has not shown that the ends of justice require the Court of Appeals to reverse the circuit court order that did not allow defendant to serve his state sentences concurrently with his sentences for related federal crimes.
Whether to run defendant’s sentence concurrently with his federal sentence in [...]
White ODU police officer alleges racial discrimination – $200,000 Settlement
By Virginia Lawyers Weekly
Published: May 26, 2008
A federal court in Virginia has entered a $200,000 judgment against Old Dominion University in favor of Brett Birkmeyer, a white former police officer in the predominantly black ODU Police Department.
Birkmeyer sued ODU claiming he was fired because he is white and because he complained to officials that he and other white employees in the [...]
Criminal – Guilty Plea Withdrawal – DUI
By Deborah Elkins
Published: May 26, 2008
A defendant who says he was distracted by his family’s well-being, particularly the poor health of his wife, when he entered his plea of guilty to a charge of DUI, fourth offense, cannot withdraw his guilty pleas on that basis, according to the Court of Appeals.
Defendant offered conflicting explanations as to why he decided to [...]
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