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Court erred by finding speedy trial violation
The trial court erred by weighing a COVID-19 delay significantly in defendant’s favor when dismissing the charges against him on constitutional speedy trial grounds. Length of delay “The Commonwealth contends that the circuit court’s constitutional speedy trial analysis was erroneous in several respects. It suggests that the court inappropriately weighed several factors under the balancing [[...]
Husband not required to get new life insurance policy
Where there were no life insurance policies naming wife as beneficiary when the court issued the final divorce decree, the court incorrectly ordered husband to obtain a new $100,000 policy for wife’s benefit. No statutory authority “A ‘court may order a party to … maintain any existing life insurance policy on the insured party’s life […]
Employer did not prove safety rule violation
Where claimant crushed her hand between the walk-behind fork truck she was operating and a metal crate, the Virginia Workers’ Compensation Commission correctly affirmed the deputy commissioner’s decision to approve claimant’s application for benefits. The employer did not prove that the injury resulted from a violation of a known safety rule. Prior proceedings The claimant […]
Second deferred disposition of drug charge properly denied
Where appellant received a deferred disposition of a marijuana possession charge in 2007, the trial court correctly ruled that he could not receive a deferred disposition of a methamphetamine possession charge under the amended version of the deferred disposition statute. Appellant’s argument “The appellant argues that the trial court erred by interpreting Code § 18.2-251 […]
Sufficient evidence supports child cruelty conviction
There was sufficient evidence to convict appellant of child cruelty. The evidence supports findings that she caused a child to be kept in a cage at night and withheld food from her. Further, appellant did not properly preserve her constitutional challenge to Code § 40.1-103, the statute under which she was convicted. Overview Robert Mollenhauer, […]
Blood spatter evidence had proper foundation
The trial court correctly determined that testimony from state police special agent concerning blood spatter evidence had a proper foundation. A photograph of a bloodstain on one of appellant’s tennis shoes from which the special agent drew her conclusions was admitted without objection. Any questions about the photograph’s accuracy goes to the weight of the […]
Victim had privacy expectation when video was created
Even though the victim undressed while appellant was in her bedroom, she covered herself with a blanket before he began making a video recording and thus had a reasonable expectation of privacy. Appellant was properly convicted of the unlawful creation of an image of another because he ignored her pleas to stop and pulled the […]
Medical provider billed at prevailing community rate
Where the employer claimed a medical provider’s bills for treating a workers’ compensation claimant could not constitute prima facie evidence that the amount charged was reasonable, the commission correctly concluded that the amounts charged were presumed to be reasonable. The commission also correctly determined that the employer’s efforts to rebut the presumption was “an unreasonable [&h[...]
Protective sweep of car was lawful search
Where a caller told the police two men and a woman were blocking his driveway with a car and brandished a firearm, a responding officer correctly made a protective search of the car after seeing appellant apparently concealing something under the driver’s seat and then quickly leaving the vehicle. Incriminating items, including a substance found […]
Injury did not arise out of employment
Even though the claimant’s injury arose during the course of his employment, he was correctly denied workers’ compensation benefits because the injury did not arise out of his employment as a plumber. There was no evidence that the circumstances under which he stepped from the back door of his van and injured his knee would […]
Insufficient evidence appeal procedurally defaulted
Appellant’s appeal cannot be considered because he did not timely file transcripts. Although the trial court heard and denied a post-trial motion to reconsider the guilty verdict after sentencing appellant, this did not extend the deadline for filing the transcripts. The sentencing order was the final order in the case. Background After a bench trial, […]
Husband remains liable for marital debt despite refinancing
Where the parties’ property settlement made husband liable for all marital debts, his subsequent loan default and post-marriage refinancing by both husband and wife did not make wife responsible for half of the new loan. Overview During the parties’ marriage, both of them signed for a loan from Farm Credit, using wife’s separately owned real […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
