Quantcast
Home (page 10)

Tag Archives: Evidence

CAV: Failure to follow police commands justified seizure (access required)

Despite officers shouting at the defendant to put his hands up, he wasn’t seized for Fourth Amendment purposes until they physically removed him from his car. Because the seizure was justified by concern that the defendant was concealing a firearm, ...

Read More »

Va. Cir.: Owner should have known hazard of unmarked step (access required)

After tripping and injuring herself on her way out of a commercial building, a plaintiff won a $60,000 verdict against the building’s owner. The jury found that the step was in an unsafe condition that the owner should have known ...

Read More »

WDVA: Stats needed more specificity, expert analysis (access required)

Plaintiffs who sued a police officer for discriminatory traffic stops could not prove their selective-enforcement claim with statistics that failed to establish true comparator groups and to incorporate interracial base rates for committing the offenses at issue. Background Plaintiff Rodney ...

Read More »

SCV: Malicious wounding intent shown by violent act itself (access required)

A defendant’s intent to maim, disfigure, disable, or kill could be inferred solely from the act of pistol-whipping his victim before stealing the victim’s money. Background On March 4, 2014, Otis White Jr. went to visit Appellee Marquez Perkins’s mother, ...

Read More »

WDVA: Subpoena for attorney emails, work product quashed (access required)

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

Read More »

CAV: Emotional manipulation forfeited right to confrontation (access required)

By repeatedly violating a no-contact order to guilt his partner into refusing to testify against him, a domestic-abuse defendant forfeited his Sixth Amendment right to exclude her testimonial hearsay statements to law enforcement. Background Appellant Kevin Cody and Rebekka Weingarten ...

Read More »

EDVA: Inevitable discovery applied to gun, but not statements (access required)

Officers’ search of a defendant’s bag while he was speaking with officers in another room was not incident to lawful arrest, as there was little chance he could reach the bag or control its contents at the time. The firearm ...

Read More »

CAV: Evidence proved possession of “orphan” computer files (access required)

The Commonwealth’s evidence was sufficient to prove that the defendant “possessed” files containing images of child pornography, even if the images were “orphan” remnants of deletion from the computer’s file directory. Background In 2015, Detective Mark Belew was investigating computer ...

Read More »