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Monthly Archives: May 2008

Workers’ Comp – Brain Injury – Treating Physician Report (access required)

A claimant who suffered a compensable traumatic brain injury has her workers’ comp benefits reinstated on evidence from her treating physician that her condition had deteriorated after she stopped taking a particular medication since the employer’s IME released claimant to ...

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Criminal – Firearm In Courthouse – Deputy Comments – Good Faith (access required)

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 ...

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Criminal – Miranda Warnings – Valid Waiver (access required)

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, ...

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Intersection crash leads to two disc surgeries – $185,000 Settlement (access required)

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 ...

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Search & Seizure – Investigative Detention – Flight From Police (access required)

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 ...

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Spotsylvania wreck causes neck, shoulder injuries – $400,000 Verdict (access required)

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 ...

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Criminal – Concurrent Sentence – Federal Crimes – Rule 5A:18 (access required)

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 ...

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White ODU police officer alleges racial discrimination – $200,000 Settlement (access required)

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 ...

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