Virginia Lawyers Weekly VA Lawyers Weekly

Where the judge in this trial for second-degree felony-murder resulting from the death of a person to whom defendant allegedly distributed cocaine, the trial court erred in failing to instruct the jury that the felony-murder must be a part of ...

Where defendant failed to raise the argument at the trial court level that the court allegedly erroneously applied the post-sentencing standard of judicial scrutiny to defendant’s motion to withdraw an earlier plea entered pursuant to a plea agreement, this court ...

A police officer had an articulable and reasonable suspicion justifying a warrantless stop of defendant in his car after he made an illegal U-turn to evade a checkpoint roadblock, and evidence of cocaine possession was properly admitted. Several police officers ...

Where a police officer stopped the driver of a rented vehicle with no license tag, the occupants refused to provide a driver’s license, the officer saw a shopping bag that was folded in a way that suggested to the officer ...

Where the trial judge advised both counsel that he had prepared an instruction informing the jury that defendant’s failure to testify could not be considered, defense counsel objected that the instruction unduly emphasized defendant’s silence, the judge overruled, and defendant ...

Where the parties originally were divorced by a Virginia court, but the mother later obtained a divorce decree and support orders from a Michigan court, the mother is entitled under the RURESA statute to register her divorce decree and a ...

The commission did not err in determining that claimant proved a causal connection between her disability and her work-related accidents which caused a “pop” in her right shoulder resulting in immediate and obvious pain, as corroborated by a co-worker who ...

Although there was medical opinion which conflicted with that of claimant’s treating physician, the commission was free to reject the treating physician’s opinion in favor of other medical opinion where the treating physician’s diagnosis is shaded by doubt and there ...

Although the fact of the falsification of decedent’s medical records may have been presented to the medical malpractice arbitration panel as evidence of the physician’s negligence and his lack of credibility, the specific issues of fraud and the damages arising ...

Although purchasers contend they are entitled to a reduction on the balance of an outstanding note given in exchange for certain property as a result of a mutual mistake of fact concerning environmental contamination of the property, the defendants’ special ...