Criminal – Custody – Abduction Conviction – Jurisdiction 
By Deborah Elkins
Published: November 17, 2008
A trial court did not have subject matter jurisdiction to impose an order requiring a mother not to take any action to seek custody or visitation of her daughter through any court, any jurisdiction or country, and the Court of Appeals reverses the trial court order.
In 2002, the mother was convicted of abduction, conspiracy to [...]
Cause of ruptured disk disputed in rear-ender – $220,000 Settlement
By Virginia Lawyers Weekly
Published: November 17, 2008
On Nov. 8, 2005, 46-year-old Douglas Rasnick was traveling south on Interstate 95 and slowing for traffic ahead when his van was struck in the rear by a box truck operated by defendant Martinez. The two vehicles sustained minor property damage.
Within two hours of the accident, a friend drove the plaintiff to the Mary [...]
Criminal – Statutory Burglary – Grand Larceny
By Deborah Elkins
Published: November 17, 2008
The Court of Appeals affirms defendant’s conviction for all four of the burglaries that occurred over a nine-hour period within a 20-mile area of rural Southampton County, although defendant contends the evidence only shows that he was present for two of the burglaries.
Defendant concedes on appeal that he was present at two of the four [...]
Domestic Relations – Protective Order – Record
By Deborah Elkins
Published: November 17, 2008
The Court of Appeals upholds a circuit court decision that the effective date of a protective order was Nov. 15, 2006, in light of the record that does not contain a transcript or statement of facts.
Although the absence of a transcript or statement of facts is arguably dispensable to the determination of the expiration date, [...]
Machinist suffers tinnitus from horn blast in shop – $900,000 Verdict
By Virginia Lawyers Weekly
Published: November 17, 2008
Plaintiff, a 43-year-old Norfolk Southern machinist, sustained an acoustic injury on April 17, 2006, when a locomotive horn was inadvertently blown inside the Shaffer’s Crossing locomotive repair shop in Roanoke.
He sustained an acute hearing loss, pain in both ears and severe headaches, all of which soon resolved. However, he also suffered the immediate onset of [...]
Domestic Relations – Grandparent Custody – Abused/Neglected Child
By Deborah Elkins
Published: November 17, 2008
On remand from the Supreme Court of Virginia of this case deciding that this court erred in its decision reviewing an award of custody of a toddler to her grandparents, the Court of Appeals now withdraws the opinion previously rendered by this court on Aug. 14, 2007, vacates the mandate entered on that date, and [...]
Search & Seizure – Auto Passenger – Drug Dog – Vehicle Alert
By Deborah Elkins
Published: November 17, 2008
An auto passenger’s conviction of heroin possession is affirmed by the Court of Appeals, despite the passenger’s claim he should not have been searched just because a narcotics dog alerted on the vehicle, but not on him in particular.
Suffolk police stopped the car, in which defendant was the right rear passenger, for a traffic violation. [...]
Real Estate – Sales Contract – Property Listing – RICO
By Deborah Elkins
Published: November 17, 2008
Although a Charlottesville U.S. District Court says it’s a “close question” whether plaintiffs real estate investors have described a pattern of racketeering with their allegations that defendant real estate firm and agents for at least three years engaged in allegedly deficient marketing of the investors’ Wintergreen resort properties, to the investors’ detriment and the firm’s [...]
Intellectual Property – Criminal Copyright Infringement – Restitution
By Deborah Elkins
Published: November 17, 2008
In the government’s successful criminal copyright prosecution of defendant as a “high-level member of an Internet piracy organization known as ‘Elite Torrents,’” a Big Stone Gap U.S. District Court finds the government has failed to prove the amount of actual loss sustained by the victims, and therefore is unable to require defendant to pay restitution.
The [...]
Civil Rights – Detainee Death – Deliberate Indifference – Hospital Transport
By Deborah Elkins
Published: November 17, 2008
The estate of a detainee who died in custody, and who had a psychiatric history and was arrested for stabbing his girlfriend, and who during his three days of detention prior to his death, was agitated and combative toward correctional personnel, refused to wear clothes and kept throwing urine and feces outside his cell and [...]
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