Quantcast
Home / Opinion Digests (page 3591) /

Opinion Digests

Criminal – Sentencing – Obstruction Of Justice – Armed Career Criminal Act – Violent Felony (access required)

Where defendant previously was convicted of obstruction of justice, that conviction qualified as a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e), and defendant’s sentence for firearm possession is vacated and his case remanded for resentencing ...

Read More »

Civil Rights – Excessive Force – Police Officers – Suspect – Qualified Immunity (access required)

Where defendant deputy sheriff initially began pursuing defendant after he discovered decedent near the convenience store which had just been robbed, reportedly by an armed robber matching decedent’s description, and the deputy pursued decedent into a residential neighborhood, where he ...

Read More »

Civil Practice – Discovery – Corporate Acquisition – Business Judgment Rule (access required)

Where plaintiff food company seeks a declaratory judgment that its actions under the Virginia Control Share Acquisition Act and the Virginia Affiliated Transaction Statute, taken to resist an acquisition attempt by Tyson Foods, were constitutional, and that a rights plan ...

Read More »

Employment – Health Benefits – Dependent Child (access required)

Where the infant’s natural father stated that he provided the majority of support for the infant, who was hospitalized from the time of her premature birth until her death three months later, but the father did not claim the child ...

Read More »

Criminal – Habeas Corpus – Ineffective Assistance (access required)

Although petitioner, who was sentenced to death for capital murder in the commission of robbery, abduction and rape, contends his lawyer was constitutionally ineffective in representing petitioner, the court finds no basis for this habeas claim and his petition is ...

Read More »

Bankruptcy – Dischargeability Of Debt – False Financial Statement – Reliance (access required)

Although the wine import company contends that debtor made material misrepresentations in a financial statement he provided to the company, the judgment the import company ultimately obtained against debtor and his business is not exempt from discharge because the import ...

Read More »

Property – Highway Condemnation – Exhibits & Testimony Not Admitted (access required)

Where the trial court in this highway condemnation case allowed into evidence the generalized development plan prepared for the landowner but refused to admit into evidence additional exhibits relating to the development plan as well as testimony from the owners’ ...

Read More »

Medical Malpractice – Therapist – Fornication – Duress (access required)

Although plaintiff, who alleges his female psychotherapist took advantage of his emotional state to initiate and maintain a sexual relationship with him, and that this relationship traumatized him, requiring that he undergo additional psychological treatment, plaintiff’s suit is not barred ...

Read More »

Domestic Relations – Child Support – Social Security (access required)

Where the father received a personal injury settlement and both he and his children began receiving social security disability benefits, the trial court, in modifying child support, did not err in refusing to regard the settlement as income and in ...

Read More »