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Sentences were within guidelines range
The trial court properly considered mitigating factors and appellant’s prior behavior when sentencing him for several drug crimes. Appellant “Travis asserts that the Pittsylvania County Circuit Court … abused its discretion when it sentenced him to eight years’ incarceration on each distribution conviction, and five years’ incarceration on the distribution of imitation heroin conviction;[...]
Trial court’s suppression of evidence reversed
Even though appellant, in responding to a police request for a voluntary polygraph exam, said, “Can I speak to a lawyer about that?,” this was “a question ‘about’ counsel, rather than a request for counsel.” As a result, the trial court incorrectly suppressed any statements appellant made after his question, as well as the results […]
Sufficient evidence supports grand larceny conviction
Sufficient circumstantial evidence support appellant’s conviction for grand larceny of a motor vehicle. Evidence Schafer argues that the trial court erred in convicting him of grand larceny because the evidence was insufficient to prove that he was the one who stole the Explorer. We disagree. … “[T]he totality of the circumstantial evidence supports the trial […]
$350K jury verdict upheld
A jury’s $350,000 verdict in a breach of contract case was upheld after the Court of Appeals of Virginia found no error in the trial court’s decision. On appeal, the plaintiff assigned error to the Virginia Beach Circuit Court’s entry of judgment on the verdict, its decision to award attorney’s fees against him and the […]
$350K jury verdict for fraudulent transfer upheld
A jury’s $350,000 verdict for damages arising from appellant’s fraudulent conveyance of assets in this breach of contract case is upheld. The award was consistent with the jury instructions, to which appellant did not object. Overview The contract between Boyd, the appellant and sole owner of Charge Virginia, LLC, and Weisberg, the appellee, provided that […]
Evidence supports strangulation conviction
The trial court correctly found that the commonwealth used due diligence to locate a trial witness and, because it was unable to do so, the preliminary hearing transcript was properly admitted into evidence. There was sufficient evidence to convict the appellant of strangulation. Transcript Moore, the victim in this case, testified at a preliminary hearing […]
Alibi correctly barred in sex crimes case
In this sex crimes case, the trial court correctly excluded testimony on the ground that it was not properly disclosed before trial, there was sufficient evidence to support the convictions and the jury was correctly instructed that they were entitled to infer that every person intends the natural and probable consequences of his acts. Background […]
Sufficient evidence to convict for theft offenses
A detective’s identification of appellant from a security video provided sufficient evidence that appellant was involved with a burglary, grand larceny, larceny of a firearm, conspiracy to commit burglary, and credit card theft. Inference “[S]ince we conclude below that White, the appellant, was reliably identified as the individual who accompanied Cahill into the Walmart, the […]
Speedy trial rights were not violated
On remand from the Supreme Court of Virginia, we find appellant’s statutory and constitutional speedy trial rights were not violated when the presiding judge declared a mistrial after he injured his back. Further, the judge correctly denied a defense motion for his recusal from the second trial. Statutory speedy trial claim “Under Code § 19.2-243, […]
Bus video sufficient to prove malice
A bus security video showing appellant twice striking the victim with a bottle was sufficient to establish the necessary malice for a malicious wounding conviction. Prior contact? Appellant “Acheampong … testified that in 2015, he had come into contact with Ali who was working at a 7-Eleven in Virginia Beach. [‘Ali testified, however, that he […]
Victim provided credible evidence about assault
The victim provided credible evidence that appellant beat her on two different occasions after she initially refused to drive him to an automotive race track. Delayed report The victim, Garver, appellant Sturdy’s live-in girlfriend, testified that the first assault occurred on Oct. 24, 2020. The second occurred on Oct. 25. Although there were several opportunities […]
Denying funds to pay experts was error
Appellant’s jury conviction for several sex crimes involving a 13-year-old child must be reversed. The trial court incorrectly denied several requests for funds to pay for experts to bolster appellant’s defense that a particular interrogation technique led him to falsely confess to the crimes. Some denials appropriate “Smith contends that he was denied a fair […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
