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Administrative: Public body not required to ‘listen to and consider’ comments during hearing
Where homeowners argued a statute required a public body to actually “listen to and consider” the comments of the testifying citizens during a public hearing, this argument was rejected. Such a requirement cannot be found in the text of the statute, cannot be squared with controlling precedent and would be impractical to administer.
Conduct, testimony supported court’s easement decision
The Virginia Court of Appeals upheld a ruling that a long-established access easement was 20 feet wide, relying on chain-of-title records and testimony in a long property dispute.
Domestic Relations: Husband’s challenge to equitable distribution decision fails
Where the record showed that the trial court properly considered the statutory factors in equitably distributing the property, the trial court did not abuse its discretion by awarding half the value of the two properties to wife.
Real Property: Court resolves dispute over width of easement
Where the circuit court’s decision regarding the width of an easement was supported by historical documents and trial testimony, it was affirmed.
Appeals: Circuit court retained jurisdiction to grant/modify stay pending appeal
Where a party argued the circuit court lost jurisdiction to extend the conditions of a stay pending appeal after 21 days, this argument failed. Rule 1:1B confers concurrent jurisdiction on the trial court to grant and modify a stay pending appeal and to set and modify the security to suspend execution pending appeal.
Panel clarifies prior bad act evidence balancing test
The Court of Appeals of Virginia clarifies differences in evidentiary rules 2:403 and 2:404 in affirming conviction for armed robbery and related crimes.
Criminal: Court clarifies difference between two Rules of Evidence
Virginia Rules of Evidence 2:403 and 2:404 impose different standards for determining when to exclude probative evidence based on its prejudicial effect. The difference in balancing tests makes it easier for a party to introduce relevant evidence generally than to introduce relevant prior-bad-act evidence.
Domestic Relations: Husband’s company is marital property worth $800,000
Where the circuit court did not err when it found the husband’s company was marital property worth $800,000, its decision was affirmed.
Commercial: Appellate court refuses to allow reprobation
Where the plaintiff asked the jury to find for the defendant on one of his claims, and the jury did so, it cannot now reprobate by asking that this court undo the loss it asked for, and revive its claim that the defendant breached first.
Statements made to police at hospital deemed voluntary
Virginia Court of Appeals affirms that ICU statements by man convicted of killing his wife were voluntary, rejecting Miranda and coercion-based suppression claims.
Criminal: Self-inflicted gunshot victim’s statements to police were voluntary
Where the police did not engage in any coercive tactics when they interviewed a man recovering from a self-inflicted gunshot at the hospital, after he fatally shot his wife, the trial court did not err in finding that his statements were voluntary, even considering his weakened and medicated state.
Licenses and permits: Natural-gas pipeline doesn’t require special exception
Where homeowners argued a high-pressure natural-gas pipeline required a special exemption from the Board of Supervisors, this argument was rejected. Because Washington Gas’s pipeline system is for the distribution of natural gas to consumers, it is exempted from the special-exception requirement.
Legal Tech
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
- How ransomware tactics against law firms are changing
Verdicts & Settlements
- Workers’ Compensation-Vehicle accident paralyzes Brazilian cement worker
- Medical Malpractice – Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Motor Vehicle Negligence – Unicycle rider dies after being hit by car
Opinion Digests
- Prisons – No immunity for prison officials who allegedly failed to provide medical care
- Search and seizure – No immunity for guards who intentionally failed to check on injured inmate
- Prisons – Compassionate release denied despite end-stage renal disease
- Criminal – Correctional officer’s civil rights’ violation conviction is vacated
- Constitutional – Board member lacks property interest in zoning board position
- Habeas corpus – District court erred when it granted writ of habeas corpus
- Tort – Salvadoran colonel denied immunity for alleged murder of journalist
