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Opinion Digests

Subject Matter Jurisdiction – Supervised Probation – Waivable Defect (access required)

Silvious v. Commonwealth (VLW No. 017-7-230-UP, 8 pp.) (Decker, J.) Record No. 1518-16-3. Appeal from the Circuit Court of Rockingham County (Wilson, J.) Holding: Where the circuit court may have committed error in the way in which it extended the ...

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Error – Reduced Charge – Ends of Justice Exception to Failure to Preserve Argument (access required)

Jones, S/K/A Jake Robert Jones v. Commonwealth (VLW No. 017-7-231-UP, 9 pp.) (Alston, J.) Record No. 0837-16-3. Appeal from the Circuit Court of Roanoke County (Swanson, J.) Holding: Where the plaintiff-appellant was convicted for misdemeanor interference with the property rights ...

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Informing Jury Panel of Penalty Ranges during Voir Dire – Trial Judge’s Discretion – Jury Nullification (access required)

Commonwealth v. Hockett Barela (VLW No. 017-8-089, 12 pp.) Fairfax.Cir.Ct. (Bernhard, J.) MI-2017-4 Holding: Where the trial court’s discretion to inform juries of penalty ranges during voir dire is not circumscribed except by the abuse of discretion standard, and there ...

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Dismissal Based on Sovereign Immunity – Third-Party Claim Not Derivative (access required)

Glover v. Hryniewich and the City of Norfolk, Virginia v. Willard Marine, Inc. and SAFE Boats International, LLC (VLW No. 017-8-090, 7 pp.) (Lannetti, J.) CL16-3262-00/01/02/03 Holding: Where the complaint against defendant and third-party plaintiff-city was dismissed based on immunity ...

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Forum – Breach of Contract – Settlement Agreement – Collective Bargaining Agreement (access required)

Fraternal Order of Police Metro Transit Police Labor Committee, Inc., v. Washington Metropolitan Area Transit Authority (WMATA) (VLW 017-3-447, 12pp.) (T.S. Ellis III, J.) 1:17cv644; E.D. Va. Motion to dismiss complaint for breach of contract arising from settlement agreement. Holding: ...

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Fourth Amendment – Federal Rules of Criminal Procedure – Military Rule of Evidence 315(d) – Probable Cause – Exclusion – Good Faith Exception (access required)

U.S. v. Gregory Kyle Seerden (VLW 017-3-446,18pp.) (Raymond A. Jackson, J.) 2:17cv67; E.D. Va. Motion to suppress evidence obtained through search of cellular telephone following indictment on four counts related to child pornography. Holding: Where a first warrant for a ...

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Consolidated Securities Fraud Action – Appointment of Lead Plaintiff – Conflict of Interest (access required)

Alexander Rice, Individually and on behalf of all other similarly situated, et al., v. Genworth Financial Incorporated, et al. (VLW 017-3-428, 36pp.) (Robert E. Payne, S.J.) 3:17cv59; E.D. Va. Two motions in a consolidated securities fraud action seek appointment as ...

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Estate – Foreclosure – Motion for Preliminary Injunction – Standing (access required)

The Estate of Martha Dawson, et al., v. Ditech Financial, LLC, et al. (VLW 017-3-425, 7pp.) (Robert G. Doumar, S.J.) 4:17-cv-93; E.D.V. Holding: The Real Estate Settlement Procedures Act, as well as the express terms of the deceased’s property deed ...

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Violent Felony Definition Enumerated, Not Vague, in this Case (access required)

A Roanoke U.S. District Court grants the United States’ motion to dismiss defendant’s 28 U.S.C. § 2255 motion, contending that her sentence under the Armed Career Criminal Act was invalid post Johnson v. United States. In Johnson, decided in 2015, ...

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