Applying the one-year limitation under Va. Code § 8.01-654(A)(2) to petitioner’s habeas petition alleging belated discovery of a failure to disclose exculpatory evidence does not violate the Suspension Clause of the Virginia Constitution, and the Norfolk Circuit Court dismisses the ...

Tagged with: Criminal Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

A Norfolk Circuit Court grants the commonwealth’s motion to dismiss a habeas petition seeking to vacate defendant’s second degree murder conviction and revocation of his probation, based on a recently discovered alleged Brady violation. Petitioner alleges the commonwealth had a ...

Tagged with: Criminal Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

A business auto liability policy at issue was a “renewal” and not a “new” policy, and the Norfolk Circuit Court rejects plaintiff’s claim that he had additional UIM coverage. Plaintiff has filed this declaratory judgment action seeking a determination that ...

Tagged with: Insurance Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

Plaintiff, age 71, began seeing defendant urologist in June 2008. The doctor identified a 6mm kidney stone and told the plaintiff it would pass. The following month the plaintiff went to the emergency room with renal colic, as the stone ...

Tagged with: Judge Everett A. Martin Jr. Medical Malpractice Million-Dollar Verdicts Norfolk Circuit Court

A homeowner who won a default judgment against a contractor who accepted $35,000 to build an addition to her house only to have him dig a trench, pour footings and then abandon the job, wins reconsideration of her claim by ...

Tagged with: Administrative Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

A Norfolk Circuit Court vacates a default judgment entered against defendant on a contract claim, as plaintiff failed to effect personal service at the Norfolk address where defendant has lived since 1990 and constructive service on defendant was defective because ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

Although the failure to conduct or arrange for a face-to-face meeting may have been a sufficient basis to stop foreclosure sale of plaintiff’s property, or to impose a regulatory sanction or a nominal damages award, it is not a sufficient ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court Real Estate Virginia Circuit Courts

The Norfolk Circuit Court denies plaintiff agency’s motion for leave to file a second amended complaint, in this case attempting to recoup monies paid to a former public employee. Plaintiff’s motion states it learned on Nov. 2, 2011, that a ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

A man stabbed at a Norfolk bar can sue the bar owner for negligence based on claims that the bar staff ignored several instances of aggressive behavior by the attacker. Norfolk Circuit Judge Everett A. Martin Jr. rejected a bid ...

Tagged with: Judge Everett A. Martin Jr. Negligence Norfolk Circuit Court Personal Injury

A Norfolk city agency cannot collect contract damages against the supervisor of a “no-show” employee for the money the agency paid the absent employee, a Norfolk Circuit Court says. The court overrules defendant’s demurrer on three grounds: that the contract ...

Tagged with: Employment Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts