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Missing teeth ‘significant and permanent’ injuries
Where appellant punched the victim several times in the mouth, knocking out one tooth and damaging five more that had to be pulled, this was a “significant, permanent injury” within the meaning of the aggravated malicious wounding statute. Appellant’s argument there was no permanent injury because the teeth could be replaced is not well-taken. Background […]
Child’s statement admissible as excited utterance
A seven-year-old child’s statement that appellant was going to kill the child’s mother was properly admitted under the excited utterance exception to the hearsay rule. Background Appellant Graham had been living with M.E. and her twin sons. As M.E. woke up to take the twins to school, Graham hit M.E., kicked her “multiple times and […]
Court applied correct standard in adoption case
Appellants failed to object to the court’s statement that the preponderance of the evidence standard applies in this grandparent adoption proceeding. As a result, the issue cannot be reviewed on appeal. Moreover, the court stated in the adoption order that it used the “clear and convincing” standard to review the matter. Failure to object Appellants […]
‘Transcript’ precluded for impeachment purposes
The trial court correctly prevented appellant from using an unauthenticated document to impeach a witness with a prior inconsistent statement. Further, in this case where appellant was convicted of raping his wife, there was sufficient evidence to convict despite appellant’s attack of his wife’s credibility. ‘Transcript’ “Before trial, defense counsel had an employee transcribe an [&hell[...]
Property settlement amendment correctly enforced
Where the marital home became wife’s sole and separate property after the parties amended their property settlement agreement (PSA), the trial court had the authority to enforce the amendment and correctly did so with a declaratory judgment. PSA amendment “At the time of the divorce, the PSA stated: ‘[U]nless the parties agree otherwise in writing, […]
Court properly found wife deserted marriage
Even though the record supports grounds for divorce based on the parties living apart for a year or more, the record also supports the trial court’s finding that wife deserted the marriage. The trial court was free to choose either ground. Further, the trial court properly “granted wife a reservation of spousal support in the […]
No evidence of vehicle tampering
There was insufficient evidence for the trial court to conclude that appellant adjusted the mirror of a stolen car. His conviction for tampering with a vehicle is reversed. Overview Police found a stolen car “with significant damage.” A police detective searched the car and found a right thumbprint on the front of the rearview mirror.” […]
Sufficient evidence supports burglary and firearm convictions
There is sufficient evidence to support appellant’s convictions of “being a violent felon in possession of a firearm, statutory burglary with intent to commit assault and battery, and of brandishing a firearm.” Felon in possession Appellant “Loftis asserts that the only evidence that the instrument he possessed was a firearm was the bullet casing that […]
Jury’s damages award upheld
Where appellant sued his estranged wife for malicious prosecution and negligence after she falsely accused him of assaultive behavior, the trial court correctly denied his motion to set aside the $24,750 jury verdict, which was based on his argument that had the court granted summary judgment in his favor, the jury would have awarded him […]
Public welfare includes character of neighborhood
Where county supervisors denied appellant’s special exemption request to rent bedrooms in his house after determining the proposed use would harm the public welfare, the determination correctly included consideration of the neighborhood’s character. Background Appellant Harris bought a house on a two-acre parcel, improved it and sought to rent individual bedrooms. The zoning code allowed [&hel[...]
State police officer’s discharge upheld
Where a Virginia State Police officer was discharged for failing to follow policy and making false statement regarding an accident with his police vehicle, there were no flaws in the administrative proceedings leading to his discharge or in his subsequent appeal. Criminal matter Brennan backed his police car into another vehicle, damaging both. “Brennan and […]
Common-law abatement no longer good law
Where a statute repealing Code § 18.2-250.1 (possession of marijuana) was enacted before appellant’s conviction, the common-law rule of abatement does not void his conviction. Virginia’s saving statute, Code § 1-239, controls the result in this case. The conviction is affirmed. Under Code § 1-239, “when the General Assembly explicitly and unambiguously repeals a statute, […[...]
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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