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Tag Archives: Judge David W. Lannetti

Va. Cir.: Marijuana odor not supported by body cam footage (access required)

Officers’ recollection that a strong marijuana odor emanated from a vehicle wasn’t consistent with video of their search: The car doors were closed, the marijuana discovered was raw and enclosed, and the officers never mentioned the odor before the search. ...

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Va. Cir.: Firearms charges were distinct, not double jeopardy (access required)

The defendant’s conviction for possession of a weapon by a violent felon did not violate his rights under the Double Jeopardy Clause, notwithstanding his previous acquittal by jury of the separate offenses of use of a firearm in the commission ...

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Va. Cir.: Marital agreement not procured by fraud (access required)

Because a wife executed a property settlement agreement with her husband after deliberate negotiations, with assistance from a mediator and a Navy JAG officer, and without relying on any misrepresentations, her waiver of any share in her husband’s pension was ...

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Va. Cir.: TPR in foster child’s best interest (access required)

A father who had little involvement in his child’s life either before or during his incarceration had not taken any steps necessary to maintain residual parental rights to his 12-year-old son. His decision to remain in solitary confinement while incarcerated ...

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Va. Cir.: Interlocutory appeal on immunity issues certified (access required)

Concluding that its first-impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties. Background In January 2014, the City of Norfolk contracted ...

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Va. Cir.: Verbal altercation precluded VEC benefits (access required)

A Virginia circuit court upheld administrative findings that an employee who was fired for yelling profanities at a coworker had committed “misconduct” that disqualified her from receiving unemployment. Background Plaintiff Yolanda A. Bellamy was employed as an environmental service worker ...

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Va. Cir.: Qualified immunity doesn’t bar gross negligence (access required)

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

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Va. Cir.: Qualified immunity doesn’t bar gross negligence (access required)

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

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“John Doe” pleading appropriate pending discovery (access required)

On Plaintiff Kevin S. Johnson’s motion to compel discovery, Defendant Sentara Norfolk General Hospital objected to the disclosure of the name and last known address of Defendant John Doe, on grounds that such information constituted individually identifiable health information protected ...

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Benefits Claimant Presented No Evidence Mitigating Misconduct (access required)

The court denied Plaintiff Gifford Whitehurst’s petition for judicial review of a decision by the Virginia Unemployment Commission that he was disqualified from receiving unemployment compensation. Whitehurst worked at the Chrysler Museum as a security officer. The Museum’s HR manager ...

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