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Tag Archives: Evidence

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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CAV: Failure to follow police commands justified seizure (access required)

Despite officers shouting at the defendant to put his hands up, he wasn’t seized for Fourth Amendment purposes until they physically removed him from his car. Because the seizure was justified by concern that the defendant was concealing a firearm, ...

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Va. Cir.: Owner should have known hazard of unmarked step (access required)

After tripping and injuring herself on her way out of a commercial building, a plaintiff won a $60,000 verdict against the building’s owner. The jury found that the step was in an unsafe condition that the owner should have known ...

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WDVA: Stats needed more specificity, expert analysis (access required)

Plaintiffs who sued a police officer for discriminatory traffic stops could not prove their selective-enforcement claim with statistics that failed to establish true comparator groups and to incorporate interracial base rates for committing the offenses at issue. Background Plaintiff Rodney ...

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SCV: Malicious wounding intent shown by violent act itself (access required)

A defendant’s intent to maim, disfigure, disable, or kill could be inferred solely from the act of pistol-whipping his victim before stealing the victim’s money. Background On March 4, 2014, Otis White Jr. went to visit Appellee Marquez Perkins’s mother, ...

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WDVA: Subpoena for attorney emails, work product quashed (access required)

In a teacher’s pay discrimination suit, emails and salary-comparison documents created by the school board’s attorney were privileged, even if created for pre-litigation settlement discussions. Background Plaintiff Debra Colley worked for Defendant Dickenson County public school system from 2007 until ...

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