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New information justified second frisk for firearm
The Court of Appeals of Virginia ruled police may conduct a second Terry frisk when new witness information creates reasonable suspicion of a firearm.
Constitutional: Ecclesiastical-abstention doctrine bars claims over temple membership
Where several individuals sought a declaration that they were members of a Buddhist temple, but resolution of these claims on their merits would require entanglement in questions of religious faith and doctrine, the court could not resolve those claims.
Criminal: Man convicted of rape of 11-year old
Where the record supported a man’s convictions for abduction, abduction with intent to defile and possession of child pornography, they were affirmed.
Search and Seizure: Second frisk of defendant was reasonable
Where an officer arriving at the scene of an armed robbery initially frisked the defendant and found no weapons, but witnesses then identified him to a different officer as the individual who brandished the firearm in the store and described the weapon as one with an extended magazine, the second officer’s frisk was reasonable.
Criminal: Evidence supports possession with intent to distribute conviction
Where the defendant had over 274 grams of methamphetamine mixture in his possession, told an officer that he intended to sell it and had other indicia of drug sales (drug scale and cash), his conviction for possessing methamphetamine with the intent to distribute was affirmed.
Domestic Relations: Father’s challenge to support obligation is rejected
Where father argued the circuit court should have ordered that mother’s support obligation apply retroactively to the date he served her with his petition to modify support, but the record did not include allow the documents necessary to allow the appellate court to address this issue, the circuit court’s order was affirmed.
Search and Seizure: Search of bedroom was within scope of warrant
Where the warrant authorized the search of the entire house, and nothing about the first-floor bedroom distinguished it as a discrete area that was not accessible to the target of the warrant or subject to search under the warrant, the motion to suppress filed by the occupant of that bedroom was denied.
Search and Seizure: Drug-sniffing dog’s responses provided basis for search
Where a drug-sniffing canine engaged in a display of distinctive nontrained behavioral changes that were sufficient to provide her handler with probable cause to believe that she detected the odor of illegal drugs in the defendant’s car, the defendant’s motion to suppress was denied.
Search and Seizure: Circuit court wrongly granted motion to suppress
Where an officer saw a clear plastic baggie with a white substance on the floor next to the driver’s door of a vehicle that the defendant exited and locked, the officer had probable cause to arrest the defendant.
Jury and jurors: ‘Allen’ charge wasn’t an abuse of discretion
Where the jury initially stated it reached a verdict, but one juror then stated “that is not what I voted for” after the clerk read the verdicts, the trial court did not err when it gave the jury an Allen charge and directed them to deliberate further.
Criminal: Man convicted of killing missing woman
Where the evidence was sufficient to prove the defendant maliciously killed a woman after learning she was going to leave him, he was convicted of second-degree murder and concealing a dead body.
Insurance: Church prevails in dispute over roof repair
Where an independent umpire agreed that roof damage would cost nearly $1.7 million to repair, instead of the less than $69,000 estimated by the insurer’s appraiser, and the insurer invoked a provision in the Virginia Uniform Arbitration Act when it challenged that appraisal, the circuit court dismissed the lawsuit. The insurer failed to show the appraisal award qualifies as an arbitration award.
Verdicts & Settlements
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
Opinion Digests
- Zoning – Neighbors’ challenge to 24 new townhouses fails
- Constitutional – Dispute between church and presbytery is reinstated
- Sanctions – Attorney sanctioned for violating multiple Rules of Professional Conduct
- Criminal – Sex offense defendant ineligible for sentence reduction
- Patent and trademark – Patent infringement suits to remain in EDVA
- Civil Procedure – Court finds diversity after ignoring fraudulently joined party
- Criminal – Defendant was wrongly convicted of purchasing lion cubs
- Patent and trademark – News publication enjoined from rebranding itself as “The Star”
- Employment – Government prevails on discrimination and retaliation claims
- Employment – FMLA retaliation claim survives motion to dismiss
- Employment – Physicians’ RICO claims against UVA are dismissed
- Insurance – Carrier prevails in coverage dispute
