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First-degree murder conviction upheld
Where appellant was convicted of first-degree murder, the trial court correctly denied his motion to suppress based on a Miranda violation. Background Appellant Martin was convicted in Tennessee of kidnapping his wife. Martin entered the marital home and “showed his wife a photograph on his cell phone of Pierce [his who appeared to be dead […]
No error in statute of limitations rulings
Where appellant defaulted on a bank loan, the circuit court applied the correct statute of limitations, correctly determined the accrual date for the bank’s claim against him and correctly determined how long the statute of limitations was tolled while appellant was in bankruptcy. Background “Appellee Truist Bank is the successor in interest of a $732,000 […]
No good faith exception to will’s no contest provision
Where the decedent’s will contained a no contest provision, the circuit court correctly declined to adopt a good faith and probable cause exception to enforcing the provision. Background “Helton and his wife Carol were neighbors of Martha and William Stegmaier [the appellees in this case]. Kalle and Butler [Butler is the appellant] are Carol’s grandchildren […]
Court lacked jurisdiction in disciplinary matter
Where appellant, proceeding pro se, filed disciplinary complaints in the circuit court against a dozen attorneys, the case was correctly dismissed with prejudice for lack of jurisdiction. Appellant, as a complainant, lacks standing to file a disciplinary complaint in any circuit court. The circuit court’s disposition is affirmed. Background Citing alleged unethical conduct, appellant “Daniel [[...]
Suppression motions incorrectly denied
Where a search warrant authorized a search of appellant at a particular residential address, the police had no authority to search him at a gas station two miles away. Unauthorized search “Jones contends that the search warrant did not authorize the search of his person unless he was present at 65 Riverside Drive. He also […]
Sufficient evidence supports manslaughter conviction
Where appellant was found guilty of aggravated involuntary manslaughter after he crashed his car into a tree, killing his passenger, the results of his blood alcohol tests at the hospital were properly admitted into evidence despite his chain of custody arguments. Further there was sufficient evidence to establish the three elements of his offense: that […]
Drug possession conviction reversed
In a split decision, the majority holds that the trial court correctly denied appellant’s motion to suppress but reverses his conviction for possessing etizolam. Background “While investigating a public-indecency complaint, the sheriff’s deputies here spoke with appellant Dana Mark Camann, Jr., in the parking lot of a convenience store. “During that encounter, one deputy noticed […]
Insufficient proof that ATM was used ‘without authority’
Even assuming an ATM is a computer, appellant did not operate it without authority when she used it to deposit forged checks. Her computer fraud conviction is reversed. The computer fraud statute forbids using a computer without authority to do so. However, the statute does not ban using a computer for unauthorized purposes, such as […]
No double jeopardy issue in police chase case
Where appellant was convicted of eluding the police in one county, double jeopardy principles do not prevent his prosecution in another county for eluding because there were two separate incidents. Two separate acts “The only relevant inquiry in this case is whether Wilson committed a separate offense of eluding in Pittsylvania County. “Without question, Wilson […]
Appeals court: HOA inspection fees unlawful
A challenge to inspection fees assessed by a homeowners’ association in a large development has succeeded after the Court of Appeals of Virginia found that the individual fees weren’t expressly authorized by the association’s declaration. The appellate court was unpersuaded by the association’s argument that the fees weren’t prohibited by statute because they applied to […]
Inmate not beneficiary of jail housing contract
Where the Culpepper County sheriff and the Piedmont Regional Jail Authority entered a contract under which PRJA would provide housing and medical care to the sheriff’s inmates, appellant inmate is not an intended third-party beneficiary of the contract. Therefore, he lacks standing to obtain a declaration that the sheriff must pay his medical expenses suffered […]
$1.6 million medical malpractice verdict upheld
There was sufficient evidence of causation to support a jury verdict for appellee in this medical malpractice suit against a practice group and a doctor. Causation “Emergency Physicians contend that the trial court erred in denying their motion to strike Hanger’s evidence because the evidence failed to establish causation. We disagree. … “[T]he jury could […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
Viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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