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Agency Not Liable for $18K Sanction
The Court of Appeals reverses an $18,000 sanction against the Virginia Department of Corrections levied when DOC was held in contempt for violating circuit court orders requiring the agency to place a demoted employee in a comparable position, such as superintendent or assistant warden. Employee grievance The court’s order holding VDOC in contempt provided that […]
Excluding ‘Amnesia’ Evidence Was Harmless
Any error by the trial court in excluding testimony from defendant’s psychiatrist that he had diagnosed defendant with dissociative amnesia was harmless, and the Court of Appeal affirms defendant’s conviction of first-degree murder of his girlfriend, who was stabbed 35 times in a dispute over the remote control. Defendant testified that he did not intend […]
Doctor Warnings Did Not Preclude Award
Although claimant, a field superintendent for a signal company, had had problems with his left knee going back 30 years and had been warned about walking on uneven terrain, his injury from stepping into “quicksand”-like soil on a job site was not the result of failing to follow medical advice, and the Court of Appeals […]
Spousal Support Reversed for Adulterous Wife
Although husband earned $850,000 annually and wife had not worked outside the home for more than a few months since 1990, denying spousal support to wife, who admitted to adultery with multiple partners, would not be a “manifest injustice” under Va. Code § 20- 207.1(B); the Court of Appeals reverses an award of spousal support. […]
Support based on ‘injustice’ reversed
The Virginia Court of Appeals has reversed, apparently for the first time, a spousal support award that was based on the “manifest injustice” exception in the Virginia Code. Virginia Code §20- 17.1(B) permits a trial judge to award spousal support where a denial would be a “manifest injustice,” based on the degrees of fault and […]
Sleeping Rape Victim Was ‘Physically Helpless’
The “physical helplessness” contemplated by Va. Code § 18.2-61(A) means unconsciousness or any other condition existing at the time of an offense under this article which otherwise rendered the complaining witness physically unable to say no; sleep can constitute the requisite “physical helplessness,” and the Court of Appeals affirms defendant’s conviction of rape of a […]
Order to Pay Wife’s Fees Upheld
The Court of Appeals affirms an order requiring husband to pay wife $18,283.76 in attorney’s fees and costs, and remands to the trial court for an award to wife of attorney’s fees on appeal. The circuit court clearly had subject matter jurisdiction to enter and enforce the final divorce decree and to enter an Aug. […]
ABC Store Video Supported Theft Conviction
A defendant who was observed by a store clerk making several trips into an ABC store, and who was videotaped in the store’s section of small bottles of alcohol, and later discovered passed out outside the store with small bottles of certain brands of the same type missing from the store’s inventory, was properly convicted […]
Surgical Scar Counts for ‘Aggravated’ Shooting
A defendant who shot the victim in the abdomen resulting in a surgical scar can be convicted of aggravated malicious wounding; the Court of Appeals affirms his conviction under Va. Code § 18.2-51.2. Defendant argues the trial court erred in denying this motion to strike the aggravated portion of the charge of aggravated malicious wounding […]
Award Reversed for Pendente Lite Arrearage
A circuit court could not award child support arrearage under a pendente lite award retroactive to the period after the 2007 dismissal of wife’s 2002 divorce action under Va. Code § 8.01-335(B); the Court of Appeals reverses the support award and remands for a redetermination of arrearage and interest that may have accrued before the […]
Gun Receipt Admission Was ‘Harmless Error’
The Court of Appeals upholds defendant’s conviction of first-degree murder; even if a receipt for a .9 millimeter FC Luger caliber gun found in defendant’s car was inadmissible hearsay, the error was harmless in light of the overwhelming evidence implicating defendant in the murder. Contested evidence linked defendant to a cartridge casing found in the […]
Gun & Drug Possession Were ‘Simultaneous’
A defendant who admitted involvement in an exchange of gunfire outside his home, in which he was injured, can be convicted of using a firearm while in possession of more than 25 pounds of marijuana found in the trunk of a nearby car and in his bedroom, the Court of Appeals holds. The Court of […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
