An indigent defendant facing two life sentences for rape and related offenses can argue ex parte why he requires expert assistance, but he must make his case to a circuit judge other than the one presiding over the case. Background ...

Tagged with: Constitutional Criminal Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

For lack of audio evidence about a courtroom colloquy, the full Court of Appeals of Virginia has turned aside an earlier 2-1 panel decision and upheld a man’s 63-year sentence for attempted murder. The case turned on application of Virginia’s ...

Tagged with: Judge Clifford Weckstein Judge David B. Carson Virginia Court of Appeals

In a contract for services performed that limited the service provider’s liability to the value of the service, any attorneys’ fees awarded also could not exceed the liability cap. Background In September 2012, Plaintiff LAM Enterprises LLC contracted with Defendant ...

Tagged with: Attorneys Fees Business Law Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

In an action for unlawful detainer, defendants occupying their deceased mother’s home could not effectively challenge title by affirmative defense only; any title disputes needed to resolved by separate lawsuit or counterclaim. Background Sometime prior to November 28, 2016, at ...

Tagged with: Civil Procedure Judge David B. Carson Mortgage Real Property Roanoke Circuit Court Virginia Circuit Courts

A jury’s advisory verdict awarding specific performance of the parties’ contract was a plain deviation from right and justice, given that the contract’s term had expired. Background The parties in this case – Plaintiff Rockbridge Area Conservation Council and Defendant ...

Tagged with: Business Law Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

A towing company was liable for treble damages and attorneys’ fees for misrepresenting the value of its auto towing, storage, and auction fees to a consumer, the court held. Plaintiffs Dena and Jay Hughes’ 2005 Honda S-2000 was towed from ...

Tagged with: Consumer Protection Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

Finding that a towing operator made misrepresentations in connection with the handling of a wrecked car worth $9,300, a Roanoke judge ordered the company to pay nearly $160,000 under the Virginia Consumer Protection Act. The owners of the car claimed ...

Tagged with: Judge David B. Carson Roanoke Circuit Court

In a case of first impression, a Tazewell County Circuit Court upholds the use of logs showing purchases of pseudoephedrine, used in the shake-and-bake method of methamphetamine manufacture, to support a warrant to search defendant’s residence; the logs, showing purchases ...

Tagged with: Judge David B. Carson Search & Seizure Virginia Circuit Courts

Although plaintiff’s nonsuit of his personal injury action would have tolled the statute of limitations against defendant driver, who died of unrelated causes before plaintiff filed suit, the limitations period was not tolled against the administrator of the defendant driver’s ...

Tagged with: Civil Procedure Judge David B. Carson Roanoke Circuit Court

A chiropractor and his lawyer defending a sexual harassment suit are facing possible sanctions under Rule 4:12 or Va. Code § 8.01- 271.1, for refusing to provide information about a lawyer and/or law firm that supposed­ly provided a “cease and ...

Tagged with: Civil Procedure Judge David B. Carson Roanoke Circuit Court