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The SCoVA Blog

‘Sufficiency’ challenge was sufficient (access required)

When Bradley Mowbray appealed his misdemeanor assault and battery and property destruction convictions, he simply asserted the trial judge “erred in finding the defendant guilty of a violation of Va. Code §§ 18.2-57 and 18.2-137.” The clerk of the Court ...

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SCOP badge claim no bar to conviction (access required)

The prosecution did not have to show that a special conservator of the peace was wearing a badge to prove he was acting as a “law enforcement officer” when patrolling for a private security firm, the Supreme Court of Virginia ...

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‘Good cause’ to hear anti-sodomy cases (access required)

In Toghill v. Commonwealth, the Supreme Court of Virginia found good cause not to apply Rule 5:25, Virginia’s contemporaneous objection rule, and went on to hold that Virginia’s anti-sodomy law is constitutional, as applied to a defendant who solicited oral ...

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Lawyer had no duty to warn process server (access required)

A lawyer cannot be sued for the wrongful death of a private investigator he hired to serve divorce papers. On Feb. 26, the Supreme Court of Virginia affirmed a Rockingham County Circuit Court’s dismissal of a suit filed by the process ...

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Court sets aside lawyer’s $5.75M malpractice win (access required)

Lawyers are paid to predict what courts will do, but that doesn’t mean they have to be clairvoyant, according to a new case from the Supreme Court of Virginia. On Feb. 26, the court said a lawyer did not commit ...

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Supreme Court’s hot bench has lawyers jumping

Lawyers appearing before the Supreme Court of Virginia know to expect questions from the justices, but the inquisitorial aspect of oral argument may be at a new high with the latest addition to the bench. Newly elected Justice D. Arthur ...

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Supreme Court overturns $14M auto crash verdict (access required)

A young driver severely injured in a single-car crash faced a second sharp reversal of fortune this month as the Supreme Court of Virginia took away his $14.14 million product liability jury verdict. The court ruled the injured man’s expert ...

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Defendant surgeon’s ‘expert’ testimony was harmless (access required)

Any error in allowing a defendant chest surgeon to testify as an expert was harmless, the Supreme Court said Dec. 12 as it rejected a med-mal plaintiff’s appeal of a verdict for the surgeon. Expert testimony in the case included ...

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New trial awarded for auto-accident damages (access required)

A jury award of $5,649 fell short of an auto-accident plaintiff’s $18,000 in claimed medical expenses, leading the Supreme Court of Virginia to send the case back for a new trial on damages. Stephanie Herring sued Samuel L. Johnson in ...

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