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Tag Archives: Evidence

Government can photograph ‘visible’ tattoos (access required)

The government could photograph “immediately visible” tattoos on the defendants’ heads, faces, necks, arms and hands – for the purpose of presenting these photos at trial as evidence of gang affiliation – but could not photograph tattoos beyond these “openly ...

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‘Do the fair thing’ (access required)


After an impassioned plea from a man who spent 33 years in a Virginia prison for a killing he did not commit, a state Senate committee on Jan. 23 gave the go-ahead for a procedure to let defendants challenge convictions ...

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Decedent’s son could testify about dad’s car crash statements (access required)

Where the decedent rear-ended the plaintiff’s car, his description of the accident to his son  was correctly admitted under the dead man’s statute. The fact that the decedent’s passenger testified about the crash at trial has no bearing on the ...

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Doctor may testify as treating physician, but not expert (access required)

The plaintiffs’ failure to provide an expert report meant their physician would be limited to testifying as to his treatment of the plaintiffs and the opinions reflected in his records, and not about possible future complications or treatments. Background Plaintiffs ...

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Important Opinions January – December 2018 (access required)


The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Plaintiff’s intended witness did not qualify as “comparator” (access required)

A man challenging his demotion at the transportation administration cannot rely on evidence from another demoted employee because the two were not similarly situated. Background Plaintiff is a former member of the Transportation Senior Executive Service at the Transportation Security ...

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