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Tag Archives: Supreme Court of Virginia

Search & Seizure – Felon In Possession – ‘Right Result, Wrong Reason’ Doctrine (access required)

Applying the “right result, wrong reason” doctrine, the Supreme Court of Virginia reverses a firearms conviction because it was error to affirm denial of a suppression motion on the ground that defendant consented to the seizure of a gun and ...

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Search & Seizure – Auto Passenger – PCP Vial – ‘Right Result, Wrong Reason’ (access required)

Because the factual record for defendant’s motion to suppress PCP in his pocket supports appellate review of whether the trooper had reasonable articulable suspicion to pat down defendant, or probable cause to arrest, both Fourth Amendment issues, the Supreme Court ...

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Criminal – Sexually Violent Predator – Civil Commitment – Mental Health Expert (access required)

A respondent subject to civil commitment as a sexually violent predator could change his decision to cooperate with a mental health assessment, a choice he made earlier without benefit of counsel, so that he could present expert evidence at the ...

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Civil Procedure – Dead Man’s Statute – Delivery Nurse Testimony – Shoulder Dystocia (access required)

A delivery room nurse could testify for plaintiff at a med-mal trial in which plaintiff sued the now-deceased physician who had supervised delivery of an infant who suffered from shoulder dystocia leading to Erb’s palsy; the Supreme Court of Virginia ...

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Criminal – Brady Claim – Exculpatory Evidence – Paid CI – Drug Buys (access required)

A defendant charged with drug distribution could have used information about a confidential informant’s lies about drug buys to undermine the investigation that led to defendant’s prosecution, and the Supreme Court of Virginia says defendant is entitled to a new ...

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