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Tag Archives: Evidence

VFOIA closed-door discussion not automatically privileged (access required)

Although the Virginia Freedom of Information Act allows closed-door meetings to discuss confidential employment matters, there is no privilege that would automatically protect those discussions from discovery in federal court litigation. Background This matter comes before the court on defendant ...

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Experience with different gunpowder did not disqualify expert (access required)

Despite the fact that the defendant’s expert had more experience with a different gunpowder than the one used in this case, the expert was allowed to offer his opinion regarding the cause of the firearm explosion because his testimony offered ...

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Lacking special expertise, expert could opine on design defect (access required)

A metallurgical engineering expert’s lack of specific expertise in firearms did not preclude his testimony that the defendant’s choice of steel caused the plaintiff’s firearm to malfunction because any objections to the expert’s conclusions could be challenged on cross-examination. Background ...

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Jury may hear about decedent’s pain and suffering (access required)

A jury is poised to hear potentially powerful evidence about the decedent’s death and her minor children’s observation of that scene. Such testimony, a court ruled, may enable the jury to estimate the mental anguish of the beneficiaries. Background Defendants ...

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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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