Criminal - Robbery - Identification - Police Custody
Published: September 30, 2008
Although a showup to identify robbery suspects was “impermissibly suggestive,” a Roanoke City Circuit Court will allow the robbery victims’ identification of the suspects.
Commonwealth v. Thompson (Roanoke City Cir.Ct.) (VLW 008-8-213) (5 pp.)
Negligence - FELA - Podiatrist Expert Testimony 
Published: September 29, 2008
A railroad employee who alleges negligence under the Federal Employers’ Liability Act for injuries he has suffered from walking “on large ballast and debris” scattered throughout rail yards, cannot use podiatrists to testify as to causation, a Roanoke City Circuit Court says in a case of first impression.
The court sustains the motions in limine concerning [...]
Domestic Relations - Spousal Support - Imputed Income
Published: September 29, 2008
A Fairfax Circuit Court decides to impute income at the level of husband’s recent job paying $140,000 annually that he left voluntarily, when the parties divorced after 30 years of marriage and husband remarried and stayed in Albania; husband must continue to pay wife $2,000 in monthly spousal support.
The primary issue in this case is [...]
Domestic Relations - Attorney’s Fees - PSA
Published: September 29, 2008
Where the parties’ PSA provides for attorney’s fees for the spouse who substantially prevails in a dispute over an alleged breach of the agreement, a Fairfax Circuit Court awards wife $7,000 in attorney’s fees for resolution in her favor of a dispute over child support.
Virginia follows the “American Rule,” which only awards attorney’s fees to [...]
Employment - Unemployment Comp - Good Cause - Location Change
Published: September 29, 2008
A truck driver did not show good cause for his departure from his job with an excavating company after nearly 10 years when he elected to take a lay-off rather than transfer to another location, and a Fairfax Circuit Court dismisses the truck driver’s appeal from a denial of unemployment benefits.
On Jan. 13, 2007, the [...]
Domestic Relations - Spousal Support - JDR Consent Order
Published: September 29, 2008
A wife who agreed to a consent order to resolve her spousal support petition in JDR court cannot request a different sum for spousal support when husband files a complaint for divorce in the circuit court, a Salem Circuit Court says.
The position taken by wife is that the divorce court is not bound by the [...]
Criminal - Dogfighting Indictment - Sufficiency
Published: September 29, 2008
A defendant convicted of violation of Virginia’s dogfighting statute, Va. Code § 3.1-796.124, has waited too long – 16 months after conviction – to mount a challenge to his indictment, a Chesapeake Circuit Court rules; also, the commonwealth was not required to show “organized” dogfighting, and there was sufficient evidence to convict defendant under the [...]
Search & Seizure - Parked Car – ‘Community Caretaker’ Doctrine
Published: September 29, 2008
Even if an officer “seized” defendant by tapping on the window of his parked car at 4:30 a.m., there was no basis to suspect criminal activity or a need for police assistance, and a Roanoke County Circuit Court suppresses methamphetamine found with the driver.
Commonwealth v. Peterson (Roanoke County Cir.Ct.) (VLW 008-8-208) (4 pp.)
Workers’ Comp - Third-Party Action - Consent To Settle
Published: September 29, 2008
A Newport News Circuit Court denies a carrier’s motion for approval of a third-party action filed pursuant to Va. Code § 65.2-309, where the employee has not responded to the attempt to settle the third-party action; Code § 8.01-424.1 does not provide the relief the carrier seeks.
This matter came on to be heard on motion [...]
Criminal - Larceny From Person - Identification
Published: September 29, 2008
An in-court identification provided by the victim who struggled with the man who stole his bag of cash is admissible, the Court of Appeals says, even though the identification of defendant from a photograph came after police told the victim they were about to make an arrest based on a DNA match on the thief’s [...]
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