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Tag Archives: Evidence

CAV: Records from national pawn shop database admissible (access required)

In a grand larceny trial relating to stolen jewelry, printouts from LeadsOnline, which stores resellers’ purchase records for cooperation with law enforcement agencies, were admissible under the business-records exception to the hearsay rule. Background Appellant Joseph Melick was convicted in ...

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SCV: Expert necessary to support legal malpractice claim (access required)

A plaintiff needed to produce an expert to prove her former attorneys failed to exercise reasonable care, skill, and dispatch. She said counsel had caused her personal injury claim to become time-barred by suing the wrong entity. Background Plaintiff Gigi ...

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CAV: Any relevant evidence may prove lascivious intent (access required)

No Virginia precedent sets forth specific types of evidence that must be proven to show lascivious intent in a sexual battery case. Such intent may be proven with any evidence that establishes such intent beyond a reasonable doubt. Background Four-year-old ...

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4th Cir.: Company’s agreement with feds preserved privilege for subsidiary’s disclosures (access required)

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

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CAV: Marine’s conviction for rape of subordinate affirmed (access required)

The defendant’s Confrontation Clause challenge to the trial court’s evidentiary exclusions under Virginia’s rape-shield law were not raised in the proceedings below and, in any event, did not rise above the level of harmless error. Background Appellant Michael Maldini and ...

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WDVA: Bank wins summary judgment on teller’s age claim (access required)

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

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4th Cir.: Statistical significance analysis must be reliable (access required)

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

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