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Odor of marijuana did not prevent vehicle search
Where police expanded the search of appellant’s car after smelling marijuana, Code § 4.1-1302(A), which prevents such searches, does not apply retroactively. Appellant’s motion to suppress evidence was correctly denied. […]
Prior sexual encounters inadmissible in rape case
The trial court correctly refused to allow appellant to cross-examine the rape victim about her prior sexual encounters with appellant because those encounters “were not reasonably proximate to the date […]
Sufficient evidence despite lack of informant testimony
Even though a confidential informant did not testify because he died before trial, there is sufficient circumstantial evidence to uphold appellant’s conviction for distribution of a Schedule I or II […]
Trial court’s findings on profit-sharing plan upheld
Where the trial court ruled that husband did not disclose his profit-sharing plan to wife, and, that under the parties’ property settlement agreement, wife was entitled to one-half of the […]
Sufficient evidence of intent for false pretenses conviction
Where appellant was convicted of four counts of obtaining money by false pretenses, there was sufficient evidence that he knew he was cashing checks from a closed account. Overview Bernie […]
Speedy trial right not violated in perjury case
A 13-month delay between when a capias was issued and when it was executed did not violate appellant’s speedy trial rights because any resulting prejudice was overcome by the facts […]
Challenge to connection fees properly dismissed
Where appellant argued that the Bedford Regional Water Authority should be required to charge a reasonable fee for water and sewer connections, the trial court correctly dismissed the claim for […]
Malice shown in shooting case
There was sufficient evidence that appellant intentionally and with malice fired shots at a car, which was being driven toward a group of cars waiting at a traffic signal. Two […]
Sentencing challenges not preserved for appeal
Where appellant argues that his 15-year active sentence resulted from “(1) improper and prejudicial testimony by the victim’s father and (2) the Commonwealth’s improper closing argument that called for him […]
State retirement system cannot designate survivor beneficiary
Where husband did not designate his wife as a survivor beneficiary on his Virginia Retirement System retirement plan despite a court order requiring him to do so, the circuit court […]
Due process claim in license case rejected
Appellant has waived his due process challenge to his conviction of driving as a habitual offender because he did not raise the issue in the trial court. Further, the “ends […]
Active sentence approved for probation violator
A four-time probation violator’s four-year active sentence was not an abuse of the trial court’s discretion. Claim not preserved “Opara argues that Code § 19.2-306.1 prohibited the trial court from […]
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
