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Man committed ‘substantial act’ furthering prostitution
Where appellant was convicted for the felony of soliciting prostitution from a minor, the trial court correctly determined that he “completed the required element of ‘a substantial act in furtherance’ of an offer for prostitution[.]” Background Appellant Thorton responded to an online advertisement for escort services placed by “Emma.” The advertisement stated she was 19 […]
Permanent injuries suffered in malicious wounding case
Where appellant was convicted of aggravated malicious wounding, there was sufficient evidence that the victim suffered a “permanent and significant physical impairment.” Further, the trial court correctly ruled that appellant did not establish an affirmative defense of insanity. Relevant law“Under Code § 18.2-51.2(A), any person who ‘maliciously shoots, stabs, cuts or wounds any other per[...]
DUI cannot be expunged
Where defendant was arrested for driving under the influence of alcohol, or DUI, and the charge was later amended to reckless driving, the court denies his motion to expunge the DUI. “A separate and unrelated charge may be expunged[.]” Because the DUI and reckless driving charges in this case “share a common nucleus of operative […]
Motion to suppress evidence denied
Where police observed marijuana smoke coming from a vehicle defendant occupied, there was no violation of Code § 4.1-1302, which prohibits the police from stopping, searching or seizing persons, places or things “solely on the basis of the odor of marijuana[.]” The presence of smoke, in addition to the odor of marijuana, justified defendant’s seizure. […]
Vehicle search evidence suppressed
Although an obscured license plate on defendant’s vehicle provided the police reasonable suspicion to make a traffic stop, there was no probable cause for a subsequent vehicle search. Evidence found during the search will be suppressed. Traffic stop “The Defendant argues that the initial traffic stop was unconstitutional since there did not exist enough evidence […]
Testimony of firearms expert properly admitted
The trial court correctly refused to admit testimony from appellant’s firearms expert because the proffered testimony would attack the credibility of the prosecution’s firearms expert. His convictions for first-degree murder and firearm offenses are affirmed. At issue in this case is whether tool markings on shell casings found at the double murder scene matched barrel […]
Denied juror strike warrants new trial
Where a juror at appellant’s rape trial “never committed to ‘render[ing] a verdict based solely on the law and evidence presented at trial,’” the trial court erred by not striking the juror for cause. Overview Appellant “was convicted by a jury of rape, second or subsequent offense, … and assault and battery[.] … “Appellant contends […]
Court lack power to modify unserved sentence
The court lacks power under Virginia Code § 19.2-303 “to modify an unserved jail sentence imposed in revocation of a suspended sentence.” Order void ab initio “The Court has before it the question whether a jail sentence imposed in revocation of a suspended penitentiary sentence was modifiable under Virginia Code § 19.2-303 at any time […]
Suspended sentences properly revoked
Where appellant did not comply with a court-ordered term of his probation, this was a non-technical violation that justified the court’s revocation of prior suspended sentences and imposition of a six-month active term. Unreasonable refusal Burford, convicted of a sex crime, assault and battery, and stalking, appeals a circuit court decision that revoked “his previously […]
Appellant prosecuted under repealed statute
Where appellant violated a statute before its repeal, he can be prosecuted for the violation. The statute’s repeal was not retroactive. It is immaterial that he was not indicted until after the repeal. The date of the offense controls. Background Before its repeal on July 1, 2021, Code § 18.2-104, “provided enhanced punishment for repeat […]
Emotional support emu is companion animal
Where defendant keeps a pet emu on his premises, the emu’s classification is best understood as a companion animal, which is permissible under the relevant city ordinance. Overview Defendant owns a “domesticated pet emu” named Nimbus, that he keeps at his home in a suburban neighborhood. “Defendant’s testimony was unchallenged that he has suffered from […]
Real property forfeited despite sister’s claim
Where the district court ordered the forfeiture of various real properties and financial accounts linked to a Racketeer Influenced and Corrupt Organizations, or RICO, Act conspiracy, and the defendants’ sister claimed an ownership interest in multiple forfeited assets but there was no credible evidence in the record to corroborate her narrative, it was rejected. Background […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
