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Monthly Archives: November 2009

Woman suffers heart attack after treatment for bronchitis – Defense Verdict (access required)

Plaintiff’s decedent was a 72-year-old woman who went to defendant’s walk-in clinic with complaints of persistent coughing and shortness of breath. She was diagnosed with acute bronchitis and was instructed to return to the clinic if her symptoms did not ...

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Criminal – Polygraph Test – Probation Revocation – Sex Offender Treatment (access required)

The Supreme Court of Virginia orders resentencing for a defendant on probation who missed four of 14 appointments for sex offender treatment, because the trial court erred in admitting at his probation revocation proceeding evidence of a lie-detector test that ...

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Judges – Judicial Canons – Censure – Bail Denial – Appeal (access required)

The Supreme Court of Virginia censures a judge of the Virginia Beach Juvenile and Domestic Relations Court, for violation of Canons 1, 2, 2A and 3B(2) of Virginia’s Canons of Judicial Conduct, when she took steps to deny a juvenile ...

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Criminal – Defense Lawyers – Contempt Of Court – Continuance (access required)

The Supreme Court of Virginia vacates the criminal contempt convictions of two lawyers, who in separate criminal cases, obtained a prosecutor’s agreement to continue the case and each excused his client from appearing, without the court’s approval. In the first ...

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Wills & Trusts – Trust Remainder Shares – Siblings v. Church (access required)

A grantor who directed in her inter vivos trust that the trust corpus and income be used first for her and then for her surviving husband’s benefit during his lifetime, and that upon her husband’s death, the trust res would ...

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Criminal – Felon In Possession – Prior Convictions – Authentication (access required)

The Supreme Court of Virginia reverses defendant’s conviction of possession of a firearm as a convicted felon, as defendant’s prior convictions were not properly authenticated by admission of orders unsigned by any judge stating defendant was convicted of armed robbery; ...

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Criminal – Trespass – Posting Sign – Authority To Post (access required)

Without evidence that a “No Trespassing” sign was posted by a person authorized by Va. Code § 18.2-119 to prohibit entry upon the private property in question, the commonwealth failed to put on sufficient evidence of defendant’s guilt, and his ...

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Civil Procedure – Appeal Period – Rule 1:1 – Med-Mal Judgment (access required)

The Supreme Court of Virginia dismisses a doctor’s appeal of an $885,000 med-mal judgment against her, for failure to timely note her appeal, after the trial court’s entry of an order that suspended the final order of April 25, 2008 ...

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