Quantcast
Home (page 1098)

Author Archives: Deborah Elkins

Traffic Offenses – DUI – Breath Sample – Chemical Contaminants (access required)

A DUI defendant cannot overturn his conviction with a claim that her .27 BAC resulted from her earlier exposure that day to chemicals used in spackling, painting, and removing paint from her skin and from the chemicals in her airbag ...

Read More »

Criminal – Petit Larceny – Prior Offenses – Procedural Default (access required)

A defendant convicted of petit larceny, third offense, has procedurally defaulted on his appellate claims that the trial court erred in using his two prior convictions in determining his sentence, and the sentence is affirmed by the Court of Appeals. ...

Read More »

Criminal – Marijuana Manufacture – NCIC Report – Continuance (access required)

The Court of Appeals affirms defendant’s convictions of marijuana manufacture not for his own use and receipt of a stolen shotgun, despite his claims that the trial court erred in continuing the trial date at the commonwealth’s request and erred ...

Read More »

Administrative – Marina Permit – Standing (access required)

Owners of waterfront property on Milford Haven in Mathews County have standing to challenge the Virginia Marine Resources Commission’s grant of a permit to a nearby marina to use state-owned bottomlands pursuant to Va. Code § 28.2-1205 in order to ...

Read More »

Civil Rights – Conversion – Trespass To Chattels – Remittitur (access required)

A Charlottesville U.S. District Court denies defendant landlord’s motion for remittitur in this case in which a jury awarded plaintiff tenants, an African-American married couple, $50,000 in punitive damages and $100,000 apiece in compensatory damages on their racial discrimination claims ...

Read More »

Criminal – Habeas – Ineffective Assistance – Plea Bargain Breach (access required)

Although a drug defendant contends the government breached its plea agreement when it undercut its sentencing recommendation by giving a “lukewarm” recommendation “after it had railed for several minutes about petitioner’s prior criminal involvement with drugs,” a Roanoke U.S. District ...

Read More »

Civil Rights – Schools – Disabled Student – Private School Tuition (access required)

A hearing officer was justified in finding a disabled student’s parent partly at fault for defendant school system’s failure to offer a free appropriate public education under the Individuals with Disabilities Education Act, but an Alexandria U.S. District Court says ...

Read More »

Civil Procedure – Contempt – Sanctions – Attorney’s Fees (access required)

An Alexandria U.S. District Court approves a magistrate judge’s recommendation that sanctions in the form of attorney’s fees and costs of $108,213 be imposed on two third-party witnesses for being found in civil contempt a second time, and that this ...

Read More »