No homicide charge for SIDS daycare death

Expert Testimony Can’t Overturn Hotel Taxes

By Deborah Elkins
Published: May 14, 2013
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Taxation, Virginia Circuit Courts

Owners of the Norfolk Waterside Marriott Hotel and Convention Center lose their challenge to the city’s real estate tax assessments for tax years 2009 through 2011, on their theory that the city, in determining fair market value of the properties, failed to take into account the economic downturn that started in late 2007 and caused [...]

No Collateral Estoppel on Firearm Charge

By Deborah Elkins
Published: May 10, 2013
Tags: Criminal, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

In defendant’s prosecution on firearm possession charges, the Norfolk Circuit Court denies defendant’s motions to estop the commonwealth from subsequent prosecution or from introducing evidence previously adjudicated during the trial in which defendant was acquitted of murder and use of a firearm charges arising from the same incident. On Oct. 26, 2012, a jury acquitted [...]

City Worker Can Grieve Discipline, But Not Discharge

By Deborah Elkins
Published: April 5, 2013
Tags: Employment, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

Although the former assistant director of a victim/witness assistance program may grieve her discipline for violating an office policy on rental car use, she may not grieve her dismissal, as grievance of termination for “special project” employees such as plaintiff is expressly disallowed by the city code, says a Norfolk Circuit Court. As a result [...]

No Choice-of-Law for Promissory Estoppel Claim

By Deborah Elkins
Published: November 30, 2012
Tags: Contract, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

Although the parties’ choice-of-law clause calls for application of California law, a Norfolk Circuit Court says the choice-of-law provision will not allow plaintiff tax preparation service to sue defendant bank for promissory estoppel, a claim that Virginia law does not recognize. Plaintiffs provide tax preparation and electronic filing services directly to consumers at their own [...]

Nonsuited Jones Act Claim Filed Too Late

By Deborah Elkins
Published: November 9, 2012
Tags: Admiralty, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

An injured seaman who filed Jones Act and unseaworthiness claims in state court, then nonsuited, is still bound by the three-year limitations period for such claims; the Norfolk Circuit Court says these claims are time-barred, as the State Savings Statute did not extend the federal limitations period and the three-year period was not equitably tolled. [...]

No Lien for Wrong Lot Description

By Deborah Elkins
Published: November 5, 2012
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

Plaintiff creditor does not have a lien against the entirety of Lot 58 at a particular location in Norfolk; the Norfolk Circuit Court says plaintiff is not entitled to a declaratory judgment that a deed of trust executed in favor of its predecessor in interest confers the entire interest. The question is whether the deed [...]

Successor Has No Standing for VDOT Suit

By Deborah Elkins
Published: July 30, 2012
Tags: Contract, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

A plaintiff that is a successor in interest to a contractor with VDOT for a traffic management system has no direct contract with VDOT and thus has no standing under Va. Code § 33.1-387 to additional compensation stemming from delays in the project, says a Norfolk Circuit Court. The central issue in this case is [...]

Homicide Charge in SIDS Case Filed

By Deborah Elkins
Published: April 2, 2012
Tags: Criminal, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

A daycare worker in a church-affiliated daycare is subject to a felony homicide charge in the death of a seven-week old infant from SIDS while in the center’s care, says a Norfolk Circuit Court. The commonwealth asserts an expert witness will testify at trial that defendant created conditions that were contributing factors to the victim’s [...]

No Homicide Charge in SIDS Case

By Deborah Elkins
Published: April 2, 2012
Tags: Criminal, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

On reconsideration, a Norfolk Circuit Court dismisses an indictment charging defendant daycare worker with felony homicide in the death of a seven-week old infant who died of SIDS after being placed on his stomach to sleep. The child’s certificate of death stated the cause of death was Sudden Infant Death Syndrome. In 1993, the General [...]