Virginia Lawyers Weekly VA Lawyers Weekly

Even though an expert witness testified at trial about matters not disclosed to appellant before his trial on a drug possession charge, the testimony was properly admitted. The failure to disclose did not prejudice appellant. Traffic stop Police stopped appellant ...

Tagged with: Criminal Judge Lisa M. Lorish Virginia Court of Appeals

Where appellant was convicted of two counts of rape, the trial court correctly denied his motion to strike after determining that the victim provided credible testimony about the assaults. Further, the victim’s lack of consent was sufficient to prove appellant ...

Tagged with: Criminal Judge Vernida R. Chaney Virginia Court of Appeals

Where a company sued for violating a loan agreement argued the plaintiff failed to approve third-party financing options that would have allowed the loan to be repaid, but it failed to show that it would have been unreasonable or wrongful ...

Tagged with: 4th U.S. Circuit Court of Appeals Banking Judge Toby Heytens

Because a “tester” did not need to show an intention or need to actually book rooms at hotels in order to establish informational injury-based Article III standing to sue for alleged ADA-website violations, the district court erred in dismissing her ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Robert B. King

Where a company sued for allegedly providing contaminated eyewash argued that sophisticated purchasers would not reasonably assume it was the manufacturer, because it was listed on the eyewash bottles only as a “distributor,” that argument failed. The eyewash bottle and ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Products Liability

Where a man who pleaded guilty to transporting child pornography was ordered to not access any pornography, but the government failed to offer any individualized evidence, like testimony from a witness responsible for the man’s treatment that linked his consumption ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Albert Diaz

Where a man alleged that his federal due process rights were violated when South Carolina determined that he was ineligible for parole, but the record showed that he was provided a statement of the reasons for the decision and an ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Where a man pleaded guilty in 2012 to discharging a firearm in connection with a Hobbs Act conspiracy, but the Supreme Court has since held that conviction could not stand, the man was entitled to resentencing. Background In 2012, Donzell ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Where a suit sought a declaratory judgment that the plaintiffs could use a directional drill, and there was no showing that the value of possession or use of the drill exceeded $75,000, the suit was remanded to the circuit court. ...

Tagged with: Civil Practice Judge Elizabeth Hanes U.S. District Court - Eastern District

Where a middle-school student was charged with possession and distribution of child pornography after he shared a photo of a female student’s genitalia, and after the student then filed a civil rights suit against school and city officials, they were ...

Tagged with: Civil Rights Judge Elizabeth Hanes U.S. District Court - Eastern District