The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State ...

Tagged with: Constitutional Elections Evidence Justice S. Bernard Goodwyn Supreme Court of Virginia

A capital murder defendant moved to exclude evidence of physical damage to the victim occurring after he disposed of her body in a lake. The court declined, in part because such evidence was probative of the manner of disposal. Background ...

Tagged with: Criminal Evidence Fairfax County Circuit Court Judge Randy I. Bellows Virginia Circuit Courts

The government effectively relied entirely on propensity evidence to support charges of receipt and distribution of child pornography, without reasonably connecting such evidence to actual photos and videos found on the defendant’s computer. A judgment of acquittal, or alternatively a ...

Tagged with: Criminal Evidence Judge Anthony J. Trenga U.S. District Court - Eastern District

In the trial of two defendants charged with producing “spice,” the district court erred in denying their request for testimony by a DEA expert who had publicly opined in other cases that the defendants’ product was not analogous to a ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Evidence Judge Dennis W. Shedd

As in the Patent Act, a party prevailing on a Lanham Act claim need only prove an “exceptional” case meriting a fee award by a preponderance of the evidence. And no showing of bad faith is required. Background Appellant XYZ.com ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Business Law Evidence Judge Henry F. Floyd

There was no error in a defendant’s convictions for burglary and grand larceny, despite his claim that he bought the stolen items. The jury was entitled to disbelieve his story about buying the items from an unknown woman for whom ...

Tagged with: Criminal Evidence Judge William G. Petty Virginia Court of Appeals

Even if a witness’s prior consistent written statement did not meet the standards for admissibility under the applicable hearsay exception, it didn’t affect the jury verdict because it was corroborated by substantial other testimony. Background Appellant Juan Candelaria and Joseph ...

Tagged with: Criminal Evidence Justice Teresa M. Chafin Virginia Court of Appeals

In a takings dispute as to the damage value to the remainder property, the trial court erred in excluding only the government’s appraiser, when the property owner’s expert’s opinion was admitted without a superior basis. Background In 2014, the Commissioner ...

Tagged with: Constitutional Eminent Domain Evidence Justice D. Arthur Kelsey Real Estate Real Property Supreme Court of Virginia

A company seeking damages for misappropriation of trade secrets will be able to offer, through its expert, alternative methods among which the jury can choose to calculate an award. Damage calculations Cross-plaintiff JELD-WEN seeks damages only for Cross-defendant Steves & ...

Tagged with: Business Law Evidence Judge Robert E. Payne U.S. District Court - Eastern District

The owner of a tract of land housing a marine container terminal challenged municipal tax assessments on both real and personal property. Neither party presented credible expert testimony on real property value, and the court rejected the owner’s calculation of ...

Tagged with: Evidence Municipal Portsmouth Circuit Court Real Estate Real Property Taxation Virginia Circuit Courts