Criminal – Voluntariness Of Confession – Request For Lawyer 
By Deborah Elkins
Published: June 2, 2008
A defendant who told police, “I am willing to talk, but can I have a lawyer in here or something?” did not unequivocally invoke his Fifth Amendment right to counsel, and the trial court did not err in refusing to suppress defendant’s confession to murder, the Court of Appeals holds.
The Supreme Court of Virginia has [...]
Criminal – Attempted Burglary – Home Break-In
By Deborah Elkins
Published: June 2, 2008
There was sufficient evidence to show defendant attempted to break into a home, the Court of Appeals says, where defendant approached the house at about midnight, the couple’s vans were parked out of sight and the interior of the home was dark or dimly lit when defendant opened the outer glass door and began trying [...]
Criminal – Animate Object Sexual Penetration – Statement Of Facts
By Deborah Elkins
Published: June 2, 2008
A defendant’s failure to include a transcript or statement of facts prevents the Court of Appeals from considering defendant’s claim that his statements to police about sexually assaulting an intoxicated woman who had fallen asleep on the sofa where defendant was a guest, and his convictions of animate object sexual penetration and aggravated sexual battery [...]
Chapter 7: The VLW Blog
By Paul Fletcher
Published: June 2, 2008
The VLW Blog is a centerpiece of the new Virginia Lawyers Weekly Web site.
Founded in March 2007, the VLW Blog originally was hosted on the popular Blogger platform. When our new site debuted in April, we imported all material that had been posted on the old site (vlweekly.blogger.com) to the new site, which is incorporated [...]
Municipal – First Amendment – Public Meeting – Topic Choice
By Deborah Elkins
Published: June 2, 2008
The 4th Circuit upholds a Virginia county’s policy prohibiting “personal attacks” at planning commission meetings, but says the commission did not violate a speaker’s First Amendment rights by removing him from a public meeting after he refused to address the only topic for which the public hearing had been opened, and behaved in a hostile [...]
Fee dispute settled in ‘lemon law’ claim – $26,500 Settlement
By Virginia Lawyers Weekly
Published: June 2, 2008
Plaintiffs purchased a used Dodge diesel pickup with 100,000-mile engine warranty. When the engine failed, the local Dodge dealership estimated repairs at $6,700. After discovering in the truck an empty bottle of STP engine treatment, the dealer refused to make no-cost repairs under the DaimlerChrysler warranty. The manufacturer affirmed the dealership’s assessment [...]
Real Estate – Church Property – Episcopal Church Split
By Deborah Elkins
Published: June 2, 2008
In this dispute over ownership of property on which are situated Episcopal churches that wish to dissociate from the Episcopal Church of the U.S. and the Diocese of Virginia, a Fairfax Circuit Court denies the motion of the Episcopal Church for leave to amend its answers to petitions under Va. Code § 57-9, which governs [...]
Delivery video supports brachial plexus claim – $1,550,000 Verdict
By Virginia Lawyers Weekly
Published: June 2, 2008
On May 24, 2001, after delivery of the baby’s head, a shoulder dystocia was encountered involving the left anterior shoulder. Several attempts were made to deliver the shoulders. The baby was delivered less than two minutes after the delivery of the head. The infant suffers from a permanent brachial plexus injury.
A video [...]
Domestic Relations – Arbitration – Equitable Distribution
By Deborah Elkins
Published: June 2, 2008
Upon review of a divorcing couple’s stipulated figures and the arbitration awards made in this equitable distribution matter, a Fairfax Circuit Court, after credit for husband’s portion of a timeshare payment, orders husband to pay wife $4,440.89, and no award of attorney’s fees is made.
The rent for 8866 was $1,700 per month and received by [...]
Court denies claim for disability benefits – Summary Judgment
By Virginia Lawyers Weekly
Published: June 2, 2008
The plaintiff filed this action challenging the final decision of the defendant life insurance company denying the plaintiff’s claim for long-term disability insurance benefits under a group disability insurance policy. This case arose under the Employee Retirement Income Security Act of 1974 (ERISA).
Based on symptoms of degenerative disc disease, anxiety, depression and other ailments, the [...]
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