Virginia Lawyers Weekly VA Lawyers Weekly

Even assuming without deciding that it was error to admit evidence of a horizontal gaze nystagmus (HGN) test administered by the police officer who arrested appellant for drunk driving, any error was harmless given the other evidence of appellant’s guilt. ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Where appellant claims he did not know he was driving a stolen truck, the trial court correctly discounted his explanation that he paid someone $40 to drive on his birthday. Appellant provided no identifying information for this person other than ...

Tagged with: Criminal Judge Clifford L. Athey Jr. Virginia Court of Appeals

Appellant’s conviction for attempting to disarm a police officer is affirmed. The officer testified that appellant grabbed for her service pistol several times, Further, in viewing the evidence in a light most favorable to the commonwealth, appellant admitted to her ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Even though appellant completed a registered nursing program in Korea and was a licensed practical nurse in New York, she is not entitled to be licensed as a practical nurse in Virginia because the relevant statute requires completion of an ...

Tagged with: Administrative Judge Robert J. Humphreys Virginia Court of Appeals

Where the trial court suspended a portion of appellant’s sentences, “the period of suspension of the suspended sentences” began to run upon his release from prison and not, as he argues, upon the court’s pronouncement of the suspended sentence. As ...

Tagged with: Criminal Judge Randolph A. Beales Virginia Court of Appeals

Where appellant had no possessory interest in the residence and lacked permission to be there when she and an accomplice “went to the residence, … kicked in the front door” and went inside, this was sufficient evidence to support her ...

Tagged with: Criminal Judge Glen A. Huff Virginia Court of Appeals

Although nonsettling defendants Glenmark and Merck objected to the certification of the settlement class on the basis that the court’s findings of fact and conclusions of law could prejudice them during their own class certification litigation, they could not demonstrate ...

Tagged with: Commercial Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where a defendant indicted in 2019 for violating a 2014 removal order argued the 2014 order was invalid, because he was sufficiently apprised of the charges against him in that prior proceeding and could not demonstrate any prejudice, his collateral ...

Tagged with: Criminal Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where there was no diversity of citizenship in a case stemming from an auto accident that was removed to federal court on the issue of  whether a carrier had a duty to satisfy a judgment against its insureds, because the ...

Tagged with: Insurance Judge Rebecca Beach Smith U.S. District Court - Eastern District

Where the facts showed a former employee was terminated after the Metropolitan Washington Airports Authority, or MWAA, conducted a legitimate internal investigation into his conduct, that his complaints about the workplace were normal disagreements or managerial judgments and that he ...

Tagged with: Employment Discrimination Judge Anthony J. Trenga U.S. District Court - Eastern District