August 15, 2022
Comments Off on ‘Open fields’ search doesn’t violate Fourth Amendment
Where a homeowner alleged a county official violated the Fourth Amendment by entering his property w....
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August 15, 2022
Comments Off on 022-3-305 – Mendes v. Wendling
Mendes v. Wendling, Case No. 5:19-cv-00072, July 21, 2022. WDVA at Harrisonburg (Dillon). VLW 022-3-....
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August 15, 2022
Comments Off on Arbitrator decides if non-parties can compel arbitration
Where a doctor asserted claims for defamation, tortious interference and illegal retaliation arising....
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August 15, 2022
Comments Off on 022-3-303 – Isernia v. Danville Regional Medical Center LLC
Isernia v. Danville Regional Medical Center LLC, Case No. 4:22-cv-00022, July 18, 2022. WDVA at Danv....
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August 15, 2022
Comments Off on Any error excluding expert’s testimony was harmless
Where the trial court excluded an expert’s testimony at appellant’s trial for computer solicitat....
Read More »Commonwealth v. Kilpatrick, Record No. 210530 (published order; Millette, joined by Goodwyn and Koon....
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August 15, 2022
Comments Off on Res judicata does not bar additional claims
Where some of the claimant’s injuries were compensated under a voluntary settlement agreement, res....
Read More »County of Henrico, et al. v. O’Neil, Record No. 0932-21-2, Aug. 2, 2022. CAV (Callins). From the V....
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August 15, 2022
Comments Off on Amnesty statute applies to subjective overdose belief
Virginia’s medical-amnesty statute, which shields persons from arrest or prosecution when they see....
Read More »Morris v. Commonwealth, Record No. 1194-21-2, Aug. 2, 2022. CAV (Raphael; Russell dissenting). From ....
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August 15, 2022
Comments Off on No retroactive application of statute to suppress evidence
A 2021 statute that precludes vehicle searches based solely on the odor of marijuana and requires su....
Read More »Street v. Commonwealth, Record No. 1355-21-1, Aug. 2, 2022. CAV (Decker). From the Circuit Court of ....
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August 15, 2022
Comments Off on Sufficient evidence for possession and DWI
The trial court properly convicted appellant of driving while intoxicated even though there was no b....
Read More »Taylor Lynch v. Commonwealth, Record No. 0782-21-2, June 7, 2022. CAV (Raphael) From the Circuit Cou....
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August 15, 2022
Comments Off on Evidence supports wounding and burglary convictions
Where appellant was convicted of malicious wounding and burglary, the victim provided credible testi....
Read More »Serri v. Commonwealth, Record No. 0630-21-2, June 7, 2022. CAV (Ortiz) From the Circuit Court of Gre....
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August 15, 2022
Comments Off on Evidence supports aggravated sexual battery conviction
The evidence supports findings that appellant touched his daughter’s “intimate part” and did s....
Read More »Valentine v. Commonwealth, Record No. 0924-21-2, June 14, 2022. CAV (Russell) From the Circuit Court....
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August 15, 2022
Comments Off on Court adopted prosecution’s speedy trial calculations
Appellant’s convictions for assault and battery on a law enforcement officer, obstruction of justi....
Read More »Carter v. Commonwealth, Record No. 0941-21-4, June 7, 2022. CAV (Huff) From the Circuit Court of Pri....
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Virginia Lawyers Weekly VA Lawyers Weekly
