Quantcast
Home (page 1156)

Author Archives: Deborah Elkins

Criminal – Methadone – Intent To Distribute – Presence Of Three Drugs (access required)

There was sufficient circumstantial evidence to convict defendant, who was seen hurling three baggies into the car’s backseat as police approached after a traffic stop, of possession of methadone, one of the three drugs in the baggies, with intent to ...

Read More »

Civil Rights – Disability – State Lottery – Access (access required)

The Virginia Lottery may not be able to enforce barrier-free access to state lottery ticket retailers, but a trial court was too quick to dismiss disabled plaintiffs’ claims that the state lottery program is covered by state and federal disability ...

Read More »

Criminal – Lawyer Request – Continued Interview (access required)

A burglary suspect who told police, “Na, I want a lawyer, you know what I’m saying?” and, upon hearing his Miranda rights, told police, “My Mom said that if I get in any more trouble I need a lawyer,” clearly ...

Read More »

Criminal – Expungement – ‘Otherwise Dismissed’ (access required)

Petitioners whose criminal charges were dismissed upon fulfillment of certain conditions, without entry of a plea or any finding the evidence was sufficient to establish guilt, are entitled to seek expungement of police and court records under Va. Code § ...

Read More »

Criminal – Lawyer Request – Miranda Rights Waiver (access required)

Although a defendant facing a rape charge initially waived his Miranda rights, he then told a detective that “I’d really like to talk to a lawyer,” and the continued interview with police violated defendant’s right to counsel, the Virginia Supreme ...

Read More »

Attorneys – Legal Malpractice – Untimely P.I. Suit – Superseding Event (access required)

The Supreme Court of Virginia reverses summary judgment for defendant attorney in this legal malpractice action in which the trial court held that plaintiff’s failure to file a personal injury action in a foreign jurisdiction was a superseding event that ...

Read More »

Administrative – Health Care Planning – Nursing Home Beds (access required)

The Virginia Department of Health could reject a Radford facility’s application to transfer 21 nursing home beds delicensed by a hospital in 2004, a transfer the VDH said would violate Va. Code § 32.1-102.3:2(A) by increasing the number of nursing ...

Read More »

Attorneys – License Suspension – Notice Delay – Board Substitutes (access required)

Although the Virginia Supreme Court expresses its disapproval of the Virginia State Bar’s one-year and two-week delay in certification of ethical complaints against appellant lawyer, the court upholds the 18-month suspension of a lawyer’s license to practice for immediately withdrawing ...

Read More »

Zoning – Ordinance Violation – Fine Amount – Consent Decree (access required)

The Virginia Supreme Court says a trial court erred in ordering payment of fines in an amount less than the rate specified in a consent decree endorsed by the affected property owners in Fairfax County; judgment for the landowner is ...

Read More »