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Packing car for trip was use of motor vehicle
Where a gust of wind pushed a luggage cart into appellee while he was loading luggage into his car for a trip, his injuries arose “out of the ownership, maintenance, or use of a motor vehicle,” and he was “‘in or upon, entering, or alighting from’ the vehicle when he was struck[.]” The trial court […]
Character of community nixes homestay exception
A county board of supervisors correctly considered neighborhood character as part of public welfare when it denied a homeowner’s application to rent five of his guestrooms on a short-term basis known as “homestays,” the Court of Appeals of Virginia has held. The homeowner argued that consideration of neighborhood character as a component of “the public […]
No jurisdiction to rule on attorney ethics complaint
The circuit court correctly ruled that it lacked jurisdiction to hear appellant’s ethics complaint against an attorney. Overview Appellant Spanos filed an ethics complaint in circuit court, seeking to have Taylor’s law license revoked. “Spanos asserted that the circuit court had jurisdiction under Code § 54.1-3915 to grant the relief he requested. Taylor filed an […]
No jurisdiction to rule on attorney ethics complaint
The circuit court correctly ruled that it lacked jurisdiction to hear appellant’s ethics complaint against an attorney. Overview Appellant Spanos filed an ethics complaint in circuit court, seeking to have Feinmel’s law license revoked. “Spanos asserted that the circuit court had jurisdiction under Code § 54.1-3915 to grant the relief he requested. Feinmel filed an […]
Suspended sentences were improperly revoked
Where appellant probationer’s drug test revealed fentanyl use, the trial court incorrectly suspended her sentences on two charges and imposed a 364-day active sentence. The use of fentanyl was appellant’s first technical probation violation. Therefore, under the relevant statute, the trial court could not “not impose a sentence of a term of active incarceration upon […]
Sufficient evidence to convict for firearm offense
Where appellant was convicted for possession of a firearm by a violent convicted felon, the trial court properly denied his motion to suppress. Traffic stop Kelly, appellant’s brother, drove his car into a gas station. Griffin was his passenger. Appellant pulled in alongside Kelly’s car. Detective Ring was checking license plates of cars leaving a […]
Sufficient evidence of victim’s age in sex crimes case
Where appellant was convicted of several sex crimes involving a child under 13 years old, there is sufficient evidence to support a finding that the child was less than 13 when the offenses occurred. Reasonable inference “There was sufficient evidence to find that O.B. was under the age of thirteen at the time of the […]
Sufficient evidence supports rape conviction
Where appellant argues that his rape conviction should be reversed based on insufficient evidence and the commonwealth’s failure to disprove his alibi, the trial court was free to credit the victim’s testimony and discredit alibi testimony from appellant’s fiancée. Victim’s testimony “G.T. testified that appellant drove her to an alley so narrow that she could […]
Savings certificates were joint property
The trial court properly interpreted the parties’ premarital agreement to provide that husband’s savings certificates, which were his separate property before the marriage, became joint property when he titled them in both parties’ names after the marriage, and did not become his separate property again when he later removed wife’s name from them. The trial […]
Sufficient evidence of intent in malicious wounding case
In this malicious wounding case, the trial court correctly resolved conflicting testimony and credited the victim’s account of the evidence. The court correctly found that appellant acted with malice and thus had the necessary intent to be convicted. Appellant’s conviction is affirmed. Background According to Cosby, appellant King’s victim, Cosby and Branham had a “negative […]
Evidence supports common plan in larceny case
Where appellant was convicted after a bench trial of conspiracy to commit grand larceny and two counts of grand larceny, the trial court correctly admitted evidence of other crimes – stolen property being transported with stolen trucks – which were similar to the offenses for which appellant was convicted. Relevant law “Generally, ‘evidence which shows […]
Sufficient evidence of intent to maliciously wound
Where appellant was a guest in the victim’s house, was asked to leave and responded by stabbing the victim in the chest multiple times, this was sufficient evidence of intent to maliciously wound the victim. Background Appellant Puckett was a guest in Hawks’ house but was asked to leave. He did so but returned several […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
