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Criminal: Man convicted of driving on a license revoked for DUI/manslaughter
Where the defendant argued he was wrongfully convicted of driving in May 2022 with a license revoked for DUI/manslaughter, because his August 2012 conviction only revoked his license for five years, but the revocation has no automatic end date and restoration is instead left to the discretion of the court, this argument failed.
Domestic Relations: Circuit court properly corrected final decree nunc pro tunc
Where the circuit court found, based on the 2019 transcript, that it had committed a clerical error, and amended the final decree nunc pro tunc to align with the transcript, it did not err.
Criminal: Evidence supported straw man firearm solicitation conviction
Although the defendant argued that he could not have solicited the purchaser, because she did not receive any benefit from him in return for purchasing the firearms, the court rejected this argument. Nothing in the plain language of Code § 18.2-308.2:2(N) requires a “quid pro quo” for a finding of solicitation.
Criminal: Circuit court erred by not giving voluntary manslaughter instructions
Where there was more than a scintilla of evidence that the defendant acted in the heat of passion upon reasonable provocation, and thus acted without malice, the circuit court erred by not instructing the jury on voluntary manslaughter.
Evidence: Defendant waived objection to introduction of photos and video
Where the defendant argued the circuit court erred by admitting photographic and video evidence, because it depicted him “in a highly prejudicial light” and was “neither probative of any element of the offenses charged nor offered to rebut any defense,” but he introduced the same evidence as the Commonwealth on this point, he waived his previous objections to the Commonwealth’s evidence.
Criminal: Court rejects Confrontation Clause argument
Where a man who was convicted of driving under the influence of drugs argued the Confrontation Clause was violated when he was unable to cross examine the nurse who drew his blood, this argument failed. The Confrontation Clause was not implicated by the statements made on the blood withdrawal certificate by the nurse, because they were not testimonial in nature.
Court erred in using hearsay to value marital residence
Where the circuit court admitted a tax assessment document and used it to determine the value of the marital residence, it erred. The document was inadmissible hearsay.
Domestic Relations: Trial court wrongly transferred husband’s debt to wife
Where the trial court required wife to refinance, rather than simply assume, the mortgage on her home that was guaranteed solely by her ex-husband, it erred. The circuit court’s decision had the effect of transferring husband’s debt to wife.
Tort: Statement about ‘poor leadership’ isn’t actionable under defamation law
Where a man sued his former employer and supervisor for defamation and defamation per se, but the first challenged statement, viewed in its entirety, presents a nonactionable, subjective view, the circuit court correctly ruled that it was not an actionable statement.
Search and Seizure: Warrant authorized search and seizure of cellphone audio files
Where an affidavit seeking a warrant to search a cell phone specifically included “audio files” among the items to be seized and searched, and the resulting warrant allowed law enforcement to search “[a]ll stored electronic data, residing on aforementioned cellphone to include all media and photographic media,” the search did not exceed the scope of the warrant.
Jury and jurors: Juror was improperly seated in criminal trial
Where a juror affirmatively stated that “[i]t would be very hard” for her to fairly and impartially decide the case based on all the evidence and would be inclined to convict based on defendant’s prior convictions alone, and the voir dire in its entirety did not establish that she could set aside her fixed opinion, the trial court erred by seating her on the jury.
Negligence: Plaintiff waived challenge to expert’s testimony
Where a woman suing her doctor for failing to properly diagnose and treat her breast cancer argued the circuit court erred when it permitted an expert witness to testify differently than her designation, but the plaintiff elicited the challenged testimony during cross-examination, this argument was waived.
Verdicts & Settlements
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- 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
Opinion Digests
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
- Search & Seizure – Warrantless search of hotel room safe upheld
