The defendant’s motion to suppress wiretap evidence was untimely, and he had not demonstrated “good cause” for its consideration. Moreover, the defendant did not establish the court should suppress recordings of telephone conversations obtained by a wiretap between him and ...

Tagged with: Evidence Judge James P. Jones U.S. District Court - Western District

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 ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

Tagged with: Evidence General Assembly

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 ...

Tagged with: Evidence Justice William C. Mims Supreme Court of Virginia

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 ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

A man convicted of rape claimed the court erred by allowing a nurse to be a witness at his trial because she lacked certification to be a Sexual Assault Nurse Examiner. But the court found no error as the nurse’s ...

Tagged with: Evidence Judge Wesley G. Russell Jr. Virginia Court of Appeals

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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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 ...

Tagged with: Evidence Judge Liam O'Grady U.S. District Court - Eastern District

Even though a student received in-state tuition rates at a community college, she failed to prove to George Mason University that she was domiciled in Virginia for at least one year. Background Malik applied to George Mason University in September ...

Tagged with: Evidence Justice D. Arthur Kelsey Supreme Court of Virginia

Defendant cannot assert that its products were not dangerous and at the same time claim it relied on the Navy to warn end users of its dangerous products. Background On Jan. 12, 2018, plaintiffs filed a motion in limine to ...

Tagged with: Evidence Judge Arenda L. Wright Allen U.S. District Court - Eastern District