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Medical Testimony Supports Abuse Crime
The Court of Appeals affirms defendant’s conviction of abuse and neglect of a child in violation of Va. Code § 18.2-371.1, based on expert medical testimony about the child’s subdural hematoma and retinal hemorrhage. Defendant argues the evidence proved the child’s symptoms resulted from factors that did not involve criminal conduct. He claims the evidence […]
No Instruction for Defense of Others
The Court of Appeals affirms defendant’s conviction for voluntary manslaughter in the shooting death of a family member’s boyfriend who allegedly pulled a gun on defendant when defendant refused to allow the boyfriend to take his six-year-old niece, who had told defendant the boyfriend had chased her with a knife. When the boyfriend came to […]
Text Messages Support Car Theft Charge
A trial court was entitled to credit testimony of defendant’s companion that he told her he stole a car from an airport lot and asked her to “ditch” the car, backed up by text messages on her phone, as opposed to defendant’s story that his companion had stolen the car; the Court of Appeals affirms […]
Employer Not Liable for ‘Second Opinion’
A claimant who injured her back in a work-related accident is not entitled to a second opinion and a panel of pain-management specialists, and the Court of Appeals upholds the commission opinion denying claimant such services. Contrary to claimant’s assertion, the commission did not arbitrarily disregard claimant’s testimony or find it to be incredible. Rather, […]
Medical Testimony Support Abuse Crime
The Court of Appeals affirms defendant’s conviction of abuse and neglect of a child in violation of Va. Code § 18.2-371.1, based on expert medical testimony about the child’s subdural hematoma and retinal hemorrhage. Defendant argues the evidence proved the child’s symptoms resulted from factors that did not involve criminal conduct. He claims the evidence […]
No Instruction for Defense of Others
The Court of Appeals affirms defendant’s conviction for voluntary manslaughter in the shooting death of a family member’s boyfriend who allegedly pulled a gun on defendant when defendant refused to allow the boyfriend to take his six-year-old niece, who had told defendant the boyfriend had chased her with a knife. When the boyfriend came to […]
Text Messages Support Car Theft Charge
A trial court was entitled to credit testimony of defendant’s companion that he told her he stole a car from an airport lot and asked her to “ditch” the car, backed up by text messages on her phone, as opposed to defendant’s story that his companion had stolen the car; the Court of Appeals affirms […]
No Robbery Conviction on Lesser Charge
The Court of Appeals reverses defendant’s conviction of robbery which the jury handed down in a trial charging defendant not with robbery, but with attempted robbery; the court applies the ends of justice exception to hear this appeal. Defendant admits he did not argue in the trial court that he was erroneously convicted of robbery […]
No Hit & Run, But Reckless Driving Upheld
Although the trial court found defendant tractor-trailer driver to be a credible witness and acquitted him of felony hit and run in an accident involving another vehicle, the Court of Appeals affirms defendant’s conviction of reckless driving. Witnesses stated defendant’s truck clipped another car as it tried to move into a center traffic lane, and […]
Defendant’s Actions Showed ‘Intent’
Although defendant said he ran into the victim’s home in order to elude police, not to assault her, his actions in remaining inside, punching her and knocking her to the ground and threatening to kill her supported the trial court conclusion that defendant intended to commit assault battery at the time he entered the home; […]
Claim Waived for Uncertified Trial Record
Defendant made no effort to seek assistance from the trial court after the trial court clerk indicated the record could not be certified as complete and accurate, and the Court of Appeals says defendant waived his argument that he was denied due process; his conviction of aggravated malicious wounding for attacking and severely injuring his […]
Claimant Who Falls Needs Dental Treatment
A claimant who suffered from chronic pain syndrome and leg weakness after a large metal desk fell on him at work may be entitled to medical payments for dental treatment needed after several falls in which he damaged his teeth; the commission erred in disregarding claimant’s uncontradicted, unimpeached testimony, and the Court of Appeals reverses […]
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
