Criminal – Drug & Gun Possession – Citizen Complaints 
By Deborah Elkins
Published: June 23, 2008
At defendant’s trial for possession of a firearm while distributing or possessing cocaine, any error of the trial court in admitting evidence that citizens had previously complained about crime in the are where defendant was arrested was harmless, and the Court of Appeals affirms defendant’s conviction under Va. Code § 18.2-308.4.
The trial court immediately instructed [...]
Search & Seizure – Felon In Possession – Girlfriend With Wire
By Deborah Elkins
Published: June 23, 2008
A trial court erred in suppressing evidence gathered after defendant’s estranged girlfriend visited him at home, wearing a wire, to obtain his comments about having weapons in the home, and the Court of Appeals reverses the suppression order and remands the case.
Defendant invited his estranged girlfriend to his home and, in the course of their [...]
Criminal – Aggravated Malicious Wounding – ‘Physical Impairment’ – Jury Instruction
By Deborah Elkins
Published: June 23, 2008
At defendant’s trial for aggravated malicious wounding for stabbing a victim in the abdomen and leg, the trial court did not err in instructing the jury that a physical impairment is “any physical condition, anatomic loss or cosmetic disfigurement which is caused by bodily injury, birth defect or illness,” and the Court of Appeals affirms [...]
Criminal – Petit Larceny – Prior Drug Conviction
By Deborah Elkins
Published: June 23, 2008
A defendant cannot overturn her conviction of petit larceny, third offense, in the Court of Appeals on a claim that the trial court should not have admitted into evidence an order finding she previously violated probation because the order unfairly prejudiced her by mentioning a prior drug distribution conviction.
We find no error in the circuit [...]
Administrative – DMV – Car Dealership – Dealer Protest
By Deborah Elkins
Published: June 23, 2008
The Court of Appeals upholds a denial of an administrative hearing to Leesburg Honda to protest establishment of a new Honda dealership at Stonecraft Center Court in Chantilly, as Leesburg Honda did not have standing as a dealer in the relevant market area to make the challenge.
We do not agree with Leesburg Honda that the [...]
Criminal – Indecent Liberties With Minor – Public Exposure
By Deborah Elkins
Published: June 23, 2008
The Court of Appeals holds there was sufficient evidence to convict defendant of taking indecent liberties with a minor, where a 12-year-old boy walking on the beach with his father observed defendant with his pants down, exposing and touching his erect penis, below a public pier as young children played nearby.
While the record does not [...]
Workers’ Comp – Arising Out Of – Kennel Assistant
By Deborah Elkins
Published: June 23, 2008
A kennel assistant who was struck by two cars when he chased a customer’s dog who ran into a highway suffered an injury that arose out of the course of his employment and he is entitled to workers’ comp benefits, the Court of Appeals holds.
Claimant gave chase when the dog got loose as its owner [...]
Administrative – Dentist Discipline – Poor Recordkeeping
By Deborah Elkins
Published: June 23, 2008
The en banc Court of Appeals upholds administrative sanctions of a reprimand and monetary penalty for a dentist who in multiple cases failed to keep adequate patient records showing diagnosis and treatment of patients.
The dentist first argues the Virginia Board of Dentistry violated Va. Code § 54.1-2708 by imposing a monetary penalty on him due [...]
Bankruptcy – Home Mortgage – Ch. 13 – Payoff Amount
By Deborah Elkins
Published: June 23, 2008
A U.S. Bankruptcy Court in Roanoke grants debtors’ motion to sell their home free and clear of liens, with adjustments to reduce the payoff amount claimed by the mortgage service lender for unnecessary monthly inspection fees and other alleged costs.
Debtors have filed a motion to sell free and clear of liens and determine payoff of [...]
Bankruptcy – Settlement Proceeds – Constructive Trust – License Agreement
By Deborah Elkins
Published: June 23, 2008
A debtor that continued to manufacture toys – Cotton Candy Makers and Hop-Along-Katie dolls – after its licensing agreements with two creditor companies were terminated has a constructive trust imposed in favor of the licensors on certain settlement proceeds held by the bankruptcy trustee, in this decision from a Roanoke U.S. Bankruptcy Court.
The creditor, Marra [...]
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