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Devise of farmland adeemed by extinction
Where the testator’s will provided that appellant, one of the testator’s sons, would inherit farmland that she had inherited from her husband, the devise to appellant was adeemed by extinction when the testator conveyed the disputed acreage to another son who died intestate, leaving the testator as his sole heir, who inherited his interest in […]
Remand ordered in insurance benefits case
Where a state trooper grieved his termination and a hearing officer reinstated him to his position, a remand is necessary to determine whether the Department of State Police complied with certain aspects of the grievance award. Substitute premiums “DSP argues the court erred by ordering it to reimburse Brendel for substitute health insurance premiums he […]
Sufficient evidence for conspiracy conviction
There was sufficient evidence to support appellant’s convictions of conspiracy to distribute Schedule I and Schedule II controlled substances. ‘Consciousness of guilt’ “[A] rational trier of fact could have found that appellant and his companions drove from Maryland with a large quantity of fentanyl capsules intending to sell them to Taylor and Investigator Coffman. “The […]
Suppression motion incorrectly granted
Where the trial court granted appellee’s motion to suppress evidence found during a vehicle search, the court should have considered the objective reasons for the stop instead of the “actual basis” for the stop. Overview Several drug task force officers were watching a house for illegal drug activity. “During their surveillance, they saw Tolley drive […]
Motion for separate trial correctly denied
Where appellant argues that joinder of his trial with that of a co-defendant’s was prejudicial, “his claims of prejudice are unpersuasive. …” “This lack of actual prejudice is especially clear when considering the evidence introduced solely against appellant: namely, his multiple confessions and statements to his cousin about his plans to rob [the victim].” Background [&hel[...]
Motion for separate trial correctly denied
Appellant’s motion for a separate trial was properly denied. Admission of the co-defendant’s out-of-court confessions, which incriminated appellant, did not violate his Sixth Amendment confrontation rights because the statements were not testimonial. Background Appellant Hargrove and Coleman planned to rob Anderson, who had won money in a lottery. They broke into Anderson’s house. Anderson a[...]
Evidence supports felony animal cruelty conviction
There was sufficient evidence that appellant failed to provide her dog adequate care, “which [made] it not improbable that injury [would] be occasioned’ and knew ‘the probable results of [her] acts,’ thereby willfully inflicting inhumane injury and pain on [the dog] and causing serious bodily injury.” Discussion “Code § 3.2-6570(F) provides, in relevant part, that […]
Foreclosure after loan default approved
Even though the circuit court misconstrued a notice of default provision in a deed of trust as being optional rather than mandatory, there was no reversible error because the lender, in fact, provided the borrower with a notice of default. Background Anchor Loans loaned Entrepreneur $104,500 to buy residential property. Alex Battle, Entrepreneur’s president, signed […]
Employer’s neuropsychologist properly admitted as expert
A neuropsychologist hired by claimant’s employer was correctly admitted as an expert witness under the Workers’ Compensation Commission’s own rules and procedures. “[T]he Commission ‘is not bound by statutory or common law rules of pleading or evidence nor by technical rules of practice.’” Background Jenkins drove a tractor-trailer for C&T Trucking. On May 20, 2019, […]
‘Plainly wrong’: Court finds no conversion of classic car, tosses jury verdict
A jury’s conclusion that a car repair and painting business was liable for conversion after it sold a classic car that its owner refused to pick up for months has been reversed on appeal in a matter of first impression. The owner of the 1970 Ford Mustang claimed the business wrongfully used the process outlined […]
No expungement of inaccurate felony charge
A Supreme Court of Virginia majority has refused to expunge a felony charge of driving while intoxicated even though the government conceded that the man didn’t have the requisite prior felony and should only have been charged with a misdemeanor. Rather than dismiss and recharge the man, the government amended his arrest warrant before trial […]
No conversion of abandoned vehicle
Where appellant, a part owner of a car repair and painting business, sold appellee’s vehicle after obtaining a declaration from the DMV that it had been abandoned, the trial court should have granted appellant’s motion for judgment notwithstanding the jury’s verdict on appellee’s conversion claim. Background McCants, the appellee, had his car moved to Maaco […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- 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
