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Judge Clifford R. Weckstein

Jul 10, 2015

Property Owners’ Claim Preempted

As the Surface Transportation Board previously determined that claims raised by the current plaintiffs and other property owners near a railroad line operated by defendant Norfolk Southern Railway Company are federally preempted, the Roanoke City Circuit Court incorporates the prior STB decision by reference, and dismisses plaintiff’s suit. This is not the first time this […]

Jan 9, 2015

No Habeas Relief for Double Jeopardy Claim

A Roanoke City Circuit Court dismisses this petition for a writ of habeas corpus alleging claims of ineffective assistance of counsel related to petitioner’s pleas of nolo contendere to felonious child abuse and neglect and second degree felony murder. Petitioner Brandon Lockett pleaded no contest to felonious child abuse and neglect and second degree felony […]

Dec 18, 2014

Habeas Petition With IFP Affidavit Is Timely

A Roanoke City Circuit Court says a habeas corpus petition is not time-barred under Va. Code § 8.01-691, which does not apply to habeas corpus cases. Respondents contend the court cannot consider the merits of this petition because it was not filed within the time allowed by law. In making this argument, they mistakenly rely […]

Sep 29, 2014

Carpenter’s ‘Inattention’ Not ‘Misconduct’

Although a carpenter had multiple documented instances of inattentiveness and failure to follow instructions, his negligence did not constitute “misconduct” that would bar him from receiving unemployment compensation under Va. Code § 60.2-618, and the Roanoke City Circuit Court affirms an award of benefits. Claimant worked for employer as a carpenter from May 30, 2007, […]

Apr 4, 2014

Trial lawyers learn from experts, judges

HOT SPRINGS – Virginia plaintiffs’ lawyers witnessed stark contrasts in courtroom styles as successful trial attorneys showcased their craft during the annual gathering of the Virginia Trial Lawyers Association at The Homestead last month. New Jersey lawyer Tom Vesper donned a tablecloth at one point and then dumped ice water over his head for dramatic […]

Feb 10, 2014

Tip Lacked Detail for ‘Reasonable Suspicion’

A police officer did not have reasonable suspicion to block defendant’s car in the parking lot of a convenience store after receiving a tip about a drunken driver and the Roanoke City Circuit Court grants defendant’s motion to suppress. No police officer saw defendant or her vehicle on a public road. The officers had been […]

Dec 6, 2013

Neighbors Say Rail Line Is ‘Public Nuisance’

In plaintiff property owners’ suit alleging defendant railroad’s operation of a rail line is a “public nuisance” and asserting a claim for just compensation, the Roanoke City Circuit Court overrules defendant’s demurrers which are accompanied by materials that assert additional facts outside complaint that the court cannot consider on demurrer. In their complaint for declaratory [&hellip[...]

Nov 3, 2013

Diagnosis of gastric band slippage at issue in med-mal action – Defense Verdict

On Nov. 18, 2008, the patient presented to the emergency room at Lewis Gale Hospital in Salem with complaints of sudden vomiting, chest pains and abdominal pains after eating a piece of banana. She was an obese patient who had had an adjustable gastric band placed almost two years earlier, but had not experienced any […]

Apr 5, 2013

Plywood Flying from Pickup Truck is ‘Auto Accident’

A Roanoke City Circuit Court says two employees of a remodeling company were “using” a pickup truck under Virginia law when they loaded a piece of plywood into the truck bed, and auto liability policies of the truck owner and its driver provide coverage for injuries suffered by a pedestrian who was struck by the […]

Feb 25, 2013

Sketch Decree Inconsistent with Post-Nup

A Roanoke County Circuit Court declines to enter a proposed divorce decree that is inconsistent with the parties’ post-nuptial agreement, with regard to child support. The proposed decree says the parties understand that support of the infant child is a right of the child and not of the parties and either party file petition for […]

Feb 25, 2013

Parties Should Discuss Discovery Issues

In this long-running contract dispute between a homeowner and a home builder, a Salem Circuit Court denies a motion to reconsider and motions to compel and admonishes the lawyers that “ad hominem attacks, bitterness and biting sarcasm upon or about opposing counsel” are not consistent with the standards of professionalism endorsed by the Supreme Court […]

Aug 10, 2012

IAD Does Not Cover Probation Violations

A Roanoke City Circuit Court denies a federal prisoner’s motion to dismiss state detainers filed on underlying charges of probation violation, as the Interstate Agreement on Detainers does not apply to probation violation proceedings. Under Article III of the Interstate Agreement on Detainers, a prisoner incarcerated in one state has the right to demand the […]

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