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Wills and Trusts: Parties dispute land ownership following dog’s death
Where a property settlement agreement allowed the husband to live on the property until a dog died and thereafter provided how the property would be handled but did not provide […]
Jury instructions did not match verdict form
Where the jury verdict form omitted the element of defendant’s age, defendant cannot be subjected to a sentencing enhancement requiring life sentences for rape and forceable sodomy if the victim […]
Mistrial for manifest necessity permits second prosecution
Where a mistrial for manifest necessity was declared after an intoxicated witness provided improper testimony, appellant’s plea of former jeopardy is denied. Appellant acknowledges that the court has the discretion […]
Where there’s smoke…
A witness who was held in contempt after admitting to using marijuana before testifying at a felony assault trial saw the circuit court partially grant her motion to vacate her […]
Witness who caused mistrial held in contempt
Where a witness appeared at a felony assault trial “while voluntarily intoxicated” and gave “legally incompetent as well as unfairly prejudicial testimony throughout her testimony[,]” causing the court to declare […]
Reasonable efforts required to transfer COVID-19 patient
Where a respondent hospital is unwilling to treat a COVID-19 patient with the medication she has requested, the respondent is ordered to make reasonable efforts to transfer her care to […]
Private nuisance claim survives demurrer
Where plaintiffs allege, among other things, that every time they go into their backyard after dark, defendant turns on his floodlights, and makes “loud and obnoxious noises” while they are […]
Statute mitigating probationers’ penalties struck down
Where the General Assembly enacted a statute that prohibits courts from enforcing certain probation violations, the statute violates the separation of powers clause in the Virginia Constitution. Overview A defendant […]
Mother awarded sole legal custody after lengthy dispute
Where the parties have been litigating custody and visitation matters regarding their minor child since 2009, the court awards mother sole legal custody. The court further orders that mother is […]
Probable cause to arrest for driving under the influence
An officer had probable cause to arrest defendant for driving under the influence based on signs that defendant’s alcohol consumption observably affected his “his manner, disposition, speech, muscular movement [and] […]
Statute allows substitute to confess judgment
A statute that provides a method for appointing a substitute attorney in fact after a confession of judgment is executed defeats defendants’ argument that a successor must be named in […]
Fault-based claims lack specificity
Wife’s demurrer to cruelty and constructive desertion claims in husband’s amended counterclaim is sustained with prejudice because there is “insufficient detail” to specifically inform her of the complained-of conduct. Overview […]
Verdicts & Settlements
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
Opinion Digests
- Criminal – Sentence for ‘unusually heinous’ conduct is affirmed
- Criminal – Sentence wasn’t unreasonable despite deportation consequences
- Appeals – Waiver in plea agreement forecloses most arguments on appeal
- Appeals – Appellant’s informal brief forfeited appellate review
- Employment – Failure to exhaust administrative remedies dooms Title VII suit
- Jurors – Dishonest juror didn’t violate defendant’s Sixth Amendment rights
- Criminal – Motion to suppress backpack denied where defendant abandoned item
- Civil Rights – Officer denied immunity in fatal shooting case
- Civil Rights – No qualified immunity on excessive force police K-9 claim
- Criminal – Probable cause includes dog’s positive alert for narcotics
- Criminal – Evidence supports obstruction of justice conviction
- Search & Seizure – Inventory search exception applies to warrantless search
