Virginia Lawyers Weekly VA Lawyers Weekly

Even though one of defendant landlord’s employees reported to other employees that he saw plaintiff tenant sitting in his apartment bathroom “‘not very alert’ and potentially ‘ill,’” there was no duty to check on plaintiff’s welfare. As a result, the ...

Tagged with: Arlington County Circuit Court Judge Daniel Fiore II Negligence Virginia Circuit Courts

Defendant’s statements to the press about plaintiff’s legal advice to the Portsmouth City Council lacked the necessary sting to support his defamation suit. Background Plaintiff is Portsmouth’s former city attorney. Defendant is the former mayor. Plaintiff’s complaint alleges that after ...

Tagged with: Judge Everett A. Martin Jr. Norfolk City Circuit Court Tort Virginia Circuit Courts

A police officer’s affidavit provided probable cause to issue a search warrant even though the affidavit stated that the officer would execute it when he knew defendant had drugs for sale. Waiting to resupply Defendant Paige is charged with possession ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts

Where this court granted defendant’s motion for bail but stayed execution of the order to give the commonwealth the opportunity to appeal, the court has the inherent authority to do so. Background “It is undisputed that, because of the charges, ...

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

Even though defendant’s restaurant is still operating after state health authorities suspended its license for noncompliance with COVID-19 restrictions, the court declines to enjoin the restaurant’s operation. Overview In response to COVID-19, the governor and the state health commissioner issued ...

Tagged with: Civil Practice Judge Ricardo Rigual Spotsylvania Circuit Court Virginia Circuit Courts

Where defendant served subpoena duces tecum on members of the Alleghany County Board of Supervisors, the commonwealth’s motion to quash is denied in part. Legislative immunity applies to some of the requested documents. Overview This case arises from a petition ...

Tagged with: Alleghany County Circuit Court Civil Practice Judge Edward K. Stein Virginia Circuit Courts

Even if the trial court erred by excluding text-message evidence at appellant’s rape trial, any error was harmless given the “overwhelming” evidence corroborating the victim’s testimony that appellant raped her. Background A.D. accused appellant of raping her in a motel ...

Tagged with: Criminal Judge Mary Bennett Malveaux Virginia Court of Appeals

Where a shooting victim’s estate alleged that the shooter’s grandparents gave him permission to shoot targets on their property toward the house where the victim was visiting, the trial court erred by sustaining defendants’ demurrer on the basis that they ...

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

Where the trial court excluded impeachment evidence from a rape victim’s aunt, any error was harmless given that the jury acquitted appellant on charges based solely on the victim’s testimony but convicted him when there was corroborating evidence. Overview S.D. ...

Tagged with: Criminal Supreme Court of Virginia

Assuming without deciding that the Court of Appeals erred by ruling that appellant received adequate email notice that the commonwealth intended to introduce a four-year-old child’s forensic interview at trial, any error was harmless. Background Appellant Desoto was indicted on ...

Tagged with: Criminal Supreme Court of Virginia