Quantcast

Tag Archives: Judge Charles N. Dorsey

Amended vehicle stop statute is procedural change (access required)

Where statutes were amended to prevent police officers from stopping vehicles solely for expired registrations and certain equipment violations, and provide that any evidence from such a stop must be suppressed, the change is procedural. As such, it will be ...

Read More »

Immunity bars challenge of gun purchase denial (access required)

Where plaintiff claims the state police violated his rights by denying his application to purchase a firearm, sovereign immunity bars the claim. The state police department, as an agent of the commonwealth, has sovereign immunity and there is no express ...

Read More »

Negligence claims in sewage case go forward (access required)

Defendant’s demurrers to plaintiff’s claims for negligence per se and negligence, arising from defendant’s alleged failure to keep a mobile home park’s septic system in good working order, are overruled. A demurrer to plaintiff’s contract-based claim to keep the septic ...

Read More »

Judicial emergency orders tolled speedy trial right (access required)

Judicial emergency orders issued in response to the COVID-19 pandemic tolled defendant’s constitutional and statutory speedy trial rights. Overview The parties concede that 103 days, for speedy trial purposes, elapsed from when defendant was arrested to the original trial date ...

Read More »

Workers’ comp act exclusive remedy for fatal heart attack (access required)

Where plaintiff’s decedent presented at his employer’s dispensary, requested and was denied a blood pressure check, and suffered a fatal heart attack at work a few hours later, jurisdiction over plaintiff’s claim lies with the Virginia Workers’ Compensation Commission and ...

Read More »

Denying visitation petition would not harm child (access required)

Even though petitioner is a “person with a legitimate interest” in visitation with respondent’s minor child, the visitation petition is denied. For a court to award a non-parent visitation over a parent’s objection, there must be clear and convincing evidence ...

Read More »