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Monthly Archives: February 2010

Criminal – Habeas Corpus – Va. Death Penalty – Atkins (access required)

The 4th Circuit rejects a Virginia death-row defendant’s petition seeking habeas relief on the ground that he is mentally retarded under Virginia law, as record evidence supports the district court determination. In Atkins v. Virginia, 536 U.S. 304 (2002), the ...

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Criminal – Habeas Corpus – Va. Death Case – Atkins – New Test Evidence (access required)

A death-row defendant’s lawyers for both his state and federal habeas applications did not find records of a test score relevant to proving defendant’s mental retardation under Atkins until two weeks before the evidentiary hearing held by the district court, ...

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Quick 10: Memorable litigants   (access required)

Here at Virginia Lawyers Weekly, we occasionally are entertained by some of the more memorable names we see, in case captions or press releases. Whether these are given names, or names fashioned by the particular litigant in question, we can’t ...

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Inmate loses sight in one eye during retinopathy – $500,000 Verdict (access required)

At the time of treatment, the plaintiff was a prison inmate being treated for diabetic retinopathy at the MCV Eye Clinic. Prior to a laser procedure on her left eye in 2003, she received a retro-bulbar block, for anesthesia, administered ...

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Woman suffers from vertigo after her car is totaled in crash – $750,000 Verdict (access required)

Plaintiff was a 54-year-old divorced mother of two children, ages 18 and 20, who worked as an accountant for a company in downtown Richmond. Following an accident on June 22, 2007, in which her car was totaled, she suffered vertigo ...

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Drunken driver rear ends motorist, causes brain injury – $625,000 Settlement (access required)

On Friday, Oct. 10, 2008, at approximately 9:30 p.m., the plaintiff was stopped at a traffic light on River Road at its intersection with Gaskins Road in Henrico County. The defendant, who had been drinking all afternoon and early evening, ...

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Sponge left in patient during breast augmentation surgery – $800,000 Settlement (access required)

A 38-year-old female underwent a breast lift and augmentation. The procedure was complicated by a retained sponge, which led to infection and additional operations. Plaintiff alleged that the surgeon and clinic violated the standard of care by leaving a foreign ...

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Bills would curtail authority of high court, chief  (access required)

Proposed legislation would eliminate the Virginia court system’s two top policy-making bodies, limit the authority of the executive secretary of the Supreme Court and do away with much of the Supreme Court’s authority to appoint substitute judges and supervise multi-jurisdiction ...

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