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Tag Archives: Judge James P. Fisher

Mistrial for manifest necessity permits second prosecution (access required)

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 to declare a mistrial and that there was good reason ...

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Witness who caused mistrial held in contempt (access required)

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 a mistrial and to hold the witness in criminal contempt, ...

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Reasonable efforts required to transfer COVID-19 patient (access required)

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 a physician who will provide the requested treatment. Overview Petitioner ...

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Private nuisance claim survives demurrer (access required)

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 in their back yard, defendant’s demurrer to plaintiffs’ private nuisance ...

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Statute mitigating probationers’ penalties struck down (access required)

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 placed on supervised probation is subject to 11 mandatory rules ...

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Mother awarded sole legal custody after lengthy dispute (access required)

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 “the keyholder and tiebreaker as to any visitation dispute” and ...

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Probable cause to arrest for driving under the influence (access required)

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] general appearance or behavior.” Further, despite defendant’s arguments to the ...

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Statute allows substitute to confess judgment (access required)

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 the original instrument. Plaintiff’s motion to affirm a confession of ...

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Fault-based claims lack specificity (access required)

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 Wife sued for divorce on grounds of adultery and desertion. ...

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