Quantcast
Home / Opinion Digests (page 3491) /

Opinion Digests

Criminal – Discovery – Disclosure – Defendant's Oral Statement (access required)

A murder conviction need not be reversed because the prosecutor failed to disclose during discovery that defendant denied ever stabbing the victim, thus allowing defendant to plead self-defense at trial and then be impeached by his earlier statement. Defendant argued ...

Read More »

Domestic Relations – Property Settlement – Lump Sum Payment (access required)

A trial court did not err in its interpretation of the parties’ PSA providing for the sale of their bed-and-breakfast inn, and in its determination of the “gross sales price” under the sales documents to provide the wife with $14,000 ...

Read More »

Rehearing En Banc (access required)

On July 24, 1995, the Virginia Court of Appeals granted a rehearing en banc in Leadbetter Inc. v. Penkalski Record No. 1457-94-2, VLW 095-7-445. A digest of the original panel decision appeared at 10 VLW 27, June 12, 1995.

Read More »

Criminal – Detainer Agreement – Time Limits (access required)

A defendant incarcerated in Tennessee but seeking trial on his pending Virginia charges did not trigger the 180-day time limit under the Interstate Agreement on Detainers by sending his request directly to the Virginia court clerk and prosecutor, unaccompanied by ...

Read More »

Search & Seizure – Consensual Encounter – Consent To Search (access required)

Two police officers who followed defendant from a street corner to the front of a residence, and who asked defendant’s name and where he lived, and then obtained defendant’s consent to search him, were engaging in a consensual encounter and ...

Read More »

Unemployment Comp – Good Cause To Leave Job – Constructive Discharge (access required)

A claimant who had worked for the employer less than one week and who disliked being placed at the “front grill” has not shown “good cause” to leave her job, and she cannot get unemployment benefits. The record supports the ...

Read More »

Tort – Intentional Infliction Of Emotional Distress – Racial Discrimination (access required)

An African-American who sued the Korean owner of a grocery store cannot state a claim for intentional infliction of emotional distress for the grocery’s refusal to accept checks from African-Americans. Plaintiff, an African-American, alleges that a Korean who operates a ...

Read More »

Medical Malpractice – Expert Witness – Standard Of Care – Emergency Room Doctor – Pneumonia (access required)

An internist was qualified as an expert witness on the standard of care for an emergency-room physician treating a patient with pneumonia where the internist 1) performed his internship and residency at the University of Virginia; 2) was board certified ...

Read More »

Employment – Public Employee Grievance – Sheriff's Department (access required)

A female deputy sheriff who was fired for impermissive sexual conduct may sue the sheriff for enforcement of a grievance decision ordering her reinstatement after a three-year suspension. The sheriff demurs to the deputy’s complaint on two grounds, neither of ...

Read More »