Virginia Lawyers Weekly VA Lawyers Weekly

Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and ...

Tagged with: Civil Practice Judge John C. Kilgore Virginia Circuit Courts Wise County Circuit Court

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

Tagged with: Criminal Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where this court previously dismissed an applicant’s appeal after the Virginia Board of Nursing found her ineligible for an LPN license, on reconsideration, the matter is remanded so the board can address an undecided eligibility argument that she raised in ...

Tagged with: Administrative Fairfax County Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

The trial court did not err in terminating a father’s parental rights where the record showed he was incarcerated during most of his daughter’s time in foster care, he only made contact once when he was out of jail, he ...

Tagged with: Domestic Relations Per Curiam Opinion Virginia Court of Appeals

The court rejected a defendant’s claim there was inadequate corroboration of his extrajudicial confession, finding his confession was corroborated by admissions to his wife, his conduct and the testimony of a forensic nurse. To the extent the trial court erred ...

Tagged with: Criminal Judge Mary B. Malveaux Virginia Court of Appeals

The court affirmed a man’s conviction for distribution of Oxycodone and rejected his claim of ineffective assistance of counsel, finding that although his attorney was twice temporarily suspended while his case was pending, he was afforded licensed counsel at every ...

Tagged with: Criminal Judge James W. Haley Jr. Virginia Court of Appeals

A five-year sentence for using a firearm in the commission of a felony is void ab initio because the applicable statute provides for a three-year sentence. Defendant is entitled to resentencing. Resentencing Custis was convicted of robbery, being felon in ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where a  Virginia-based corporation engages in multistate and multinational sales of an online business service that was developed in Virginia and stored on servers housed in Virginia, the method used by the tax department to allocate nearly 100 percent of ...

Tagged with: Corporate Justice Stephen R. McCullough Supreme Court of Virginia

The defendant’s motion to suppress wiretap evidence was untimely, and he had not demonstrated “good cause” for its consideration. Moreover, the defendant did not establish the court should suppress recordings of telephone conversations obtained by a wiretap between him and ...

Tagged with: Evidence Judge James P. Jones U.S. District Court - Western District

The bank’s lien survived the foreclosure sale and remained superior to a tax lien filed by the Internal Revenue Service. Because the IRS did not receive proper notice, the tax liens were not discharged by the nonjudicial foreclosure sale, and ...

Tagged with: Banking Judge James P. Jones U.S. District Court - Western District