Criminal – Uttering Counterfeit Currency – Judge’s Comment 
By Deborah Elkins
Published: July 7, 2008
A trial judge’s comment that defendant’s version of how he came to possess counterfeit currency “may be the truth; I don’t know,” does not translate into a reasonable doubt as to defendant’s guilt, and the Court of Appeals affirms defendant’s conviction for uttering forged currency.
The commonwealth presented sufficient evidence to support defendant’s conviction. The store [...]
Criminal – Crack Cocaine – Intent To Distribute
By Deborah Elkins
Published: July 7, 2008
The Court of Appeals affirms defendant’s conviction of possession of crack cocaine with intent to distribute, based on his possession of a 9.5-ounce, golf-ball-sized rock of crack cocaine.
A police sergeant testified that the cocaine in question would have a street value of $950 if sold in single “hits,” and defendant’s possession was inconsistent with personal [...]
Search & Seizure – Traffic Stop – Drug Dog Threat
By Deborah Elkins
Published: July 7, 2008
Police did not violate a driver’s Fourth Amendment rights when an officer stopped her pickup truck for an inoperative brake light, and after recalling that he had seen the driver the week before at a house searched for narcotics, asked “Do I have to get a drug dog” and then got her consent to a [...]
Criminal – Robbery – Purse-Snatching
By Deborah Elkins
Published: July 7, 2008
A defendant who was a passenger in a car and grabbed a woman’s purse in a restaurant parking lot, dragging the woman about 30 feet until the purse slipped off the woman’s arm, used force to effect the taking and her robbery conviction is affirmed by the Court of Appeals.
Defendant states on brief that the [...]
Real Estate – Contract – Parcel Acreage – Survey Right – Waiver
By Deborah Elkins
Published: July 7, 2008
A buyer of a nearly 2,000-acre parcel in Washington County can pursue a claim for an abatement of the $4.25 million purchase price after a field survey revealed the parcel contained only about 1,800 acres, a magistrate judge recommends to an Abingdon U.S. District Court.
The second amended complaint contains four counts, including claims for breach [...]
Employment Discrimination – Retaliation – Race – Title VII
By Deborah Elkins
Published: July 7, 2008
A Roanoke U.S. District Court dismisses a former engineering technician’s Title VII claim against the Virginia Department of Transportation alleging retaliation, but the former employee can pursue his claim for wrongful discharge under Title VII.
As an African-American, plaintiff has alleged he is a member of a protected class. He also has alleged he was terminated [...]
Contract – Government Contract – Hydroelectric Plans
By Deborah Elkins
Published: July 7, 2008
A Danville U.S. District Court grants partial summary judgment to defendant City of Danville on a contract claim by plaintiff Pennsylvania Electric Coil Ltd., who was hired to disassemble, rewind, refurbish and reassemble three hydroelectric generating units.; in the end, PEC’s representatives simply failed to take the steps required of them to assure that PEC [...]
Civil Rights – Chokehold Use – Sheriff’s Department
By Deborah Elkins
Published: July 7, 2008
A Lynchburg U.S. District Court dismisses a plaintiff’s claim under 42 U.S.C. § 1983 against defendant sheriff’s department because she does not have standing to seek injunctive relief against the alleged use of a chokehold by defendant department.
Plaintiff lacks standing because she cannot meet the final element of the standing inquiry: redressability. The difficulty faced [...]
Employment Discrimination – Sanctions – Rule 56 – Rule 11
By Deborah Elkins
Published: July 7, 2008
In this employment discrimination suit filed by a former employee of the University of Virginia, a Charlottesville U.S. District Court affirms the magistrate judge’s award of $4,150 in sanctions against plaintiff’s counsel under Fed. R. Civ. P. 56(g), upholds denial of plaintiff’s frivolous Rule 11 motion filed against defendants in retaliation, and awards defendants an [...]
Criminal – Sentence Reduction – Crack Cocaine
By Deborah Elkins
Published: July 7, 2008
A defendant who was subject to a mandatory minimum sentence, which was reduced because of his substantial assistance to the government, cannot have his sentence further reduced because of the recent lowering of the crack cocaine sentencing guidelines, an Abingdon U.S. District Court holds.
Unfortunately, the sentencing commission’s policy statement does not expressly answer the present [...]
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