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Tag Archives: Evidence

Va. Cir.: Discoverable info includes entire care history (access required)

The estate of a nursing-home patient who fell and broke her hip, allegedly due to inadequate care, was entitled to broad discovery of the facility’s patient care records, personnel files, and financial information. Background This is a negligence case brought ...

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CAV: Reference to prior robbery didn’t warrant mistrial (access required)

Despite a pretrial order barring testimony regarding the defendants’ prior robberies, a witness’s brief reference to a “previous” robbery did not explicitly link this robbery to either defendant. The trial court did not err in giving a curative instruction rather ...

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4th Cir.: Feds could use artist promo photo for ID array (access required)

The government didn’t violate due process by showing a kidnapping victim a photo array with the defendant’s image cropped from his music group’s promotional poster, which the victim had seen before. Background In the summer of 2012, two U.S. citizens ...

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Va. Cir.: Driver’s statements to insurer discoverable (access required)

A defendant driver said in his deposition that he couldn’t remember key details of a car crash, but his pre-suit description of the crash to his insurance company was not entitled to work-product privilege. Background Plaintiff Angel Monterrozo was injured ...

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CAV: Psychological report admission was harmless error (access required)

Even if the circuit court erred in admitting a psychological evaluation that had not been considered by the Juvenile & Domestic Relations Court, the totality of evidence supporting termination of parental rights made any such error harmless. Background In 2003, ...

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CAV: Defendant relied on “police officer” at his peril (access required)

Evidence was sufficient to uphold the defendant’s conviction for failing to provide required identifying information after causing an auto accident. The defendant claimed that he didn’t talk to the other driver because she was “hysterical” and instead gave the appropriate ...

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