The court held that while an expert should have been required to admit certain physical therapy records about plaintiff’s injuries, the defendant’s response to the plaintiff’s requests for admission reasonably led her to believe no expert was required. Background This ...

Tagged with: Evidence Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

The trial court rejected the defendant’s argument a traffic stop was unlawful, but suppressed certain “allegedly incriminating” statements the defendant made to a magistrate judge because it was unable to determine whether the magistrate was acting only as a judicial ...

Tagged with: Evidence Judge Mary B. Malveaux Virginia Court of Appeals

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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

Holding that “unclean hands” is not a defense to equitable relief in antitrust, the court excluded the defendant’s evidence that the plaintiff misappropriated its trade secrets, finding such evidence not probative under Federal Rule of Evidence 402. Background Plaintiff Steves ...

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

A former inmate asserting he didn’t receive adequate mental health care during his incarceration was successful in seeking to limit trial testimony from certain Department of Corrections experts. Two current Department employees were qualified to opine on whether the plaintiff’s ...

Tagged with: Civil Rights Evidence Judge James P. Jones Prisons & Jails U.S. District Court - Western District

A bond company under state investigation for consumer-protection violations has no basis to demand a confidentiality agreement before turning over its client information to the Commonwealth. Although the company said some disclosures might reveal clients’ immigration information and other personal ...

Tagged with: Consumer Protection Evidence Judge William R Marchant Virginia Circuit Courts

Timely notice of the required appearance date is not an element of felony failure-to-appear. In this case, notice could be inferred from the defendant’s presence in court (with counsel) when the continuance date was announced and by his counsel’s appearance ...

Tagged with: Criminal Evidence Judge Mary B. Malveaux Virginia Court of Appeals

If facts could be gleaned from the existing record, a father seeking to modify support obligations wasn’t necessarily required to put on evidence of his children’s current needs, since the Child Support Guidelines include a rebuttable presumption of such needs. ...

Tagged with: Domestic Relations Evidence Fairfax County Circuit Court Family Law Judge David Bernhard Virginia Circuit Courts

Evidence was sufficient to conclude that a Spanish-speaking defendant waived his Miranda rights prior to a police interview. He was given the written warning in Spanish, asked by an interpreter if he understood it, and read it back to officers. Background Detective ...

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

At a defendant’s probation revocation hearing, the circuit court properly admitted information about the defendant’s most recent convictions as reported in a news article read by the prosecutor. The article was written to inform the public, not in anticipation of ...

Tagged with: Constitutional Evidence Judge Richard Y. AtLee Jr. Sentencing Virginia Court of Appeals