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Tag Archives: Judge Everett A. Martin Jr.

Habeas Limit Does Not Violate Suspension Clause (access required)

Applying the one-year limitation under Va. Code § 8.01-654(A)(2) to petitioner’s habeas petition alleging belated discovery of a failure to disclose exculpatory evidence does not violate the Suspension Clause of the Virginia Constitution, and the Norfolk Circuit Court dismisses the ...

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Statement ‘Immaterial’ in Brady Claim (access required)

A Norfolk Circuit Court grants the commonwealth’s motion to dismiss a habeas petition seeking to vacate defendant’s second degree murder conviction and revocation of his probation, based on a recently discovered alleged Brady violation. Petitioner alleges the commonwealth had a ...

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Failure to treat kidney stone results in sepsis, necrosis – $2,750,000 Verdict (access required)

Plaintiff, age 71, began seeing defendant urologist in June 2008. The doctor identified a 6mm kidney stone and told the plaintiff it would pass. The following month the plaintiff went to the emergency room with renal colic, as the stone ...

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Default Judgment Vacated for Defective Service (access required)

A Norfolk Circuit Court vacates a default judgment entered against defendant on a contract claim, as plaintiff failed to effect personal service at the Norfolk address where defendant has lived since 1990 and constructive service on defendant was defective because ...

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Supervisor Not Liable for ‘No-Show’ Worker (access required)

A Norfolk city agency cannot collect contract damages against the supervisor of a “no-show” employee for the money the agency paid the absent employee, a Norfolk Circuit Court says. The court overrules defendant’s demurrer on three grounds: that the contract ...

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