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Judge W. Chapman Goodwin

Mar 16, 2020

Evidence incorrectly suppressed in child pornography case

The trial court erred by concluding that although the police lawfully acquired appellant’s portable hard drive, known to contain child pornography images, keeping the hard drive became an unreasonable seizure because the police waited more than a month before getting a warrant regarding the hard drive’s content. Facts After a police investigation revealed that appellant […]

Aug 20, 2019

Judges across state differ on ‘reptile’ tactics

Virginia courts may not have felt the reptile’s strike, but judges are taking different approaches with the prospect of plaintiff’s lawyers armed with psychological jury appeals. At issue is the “reptile” litigation tactic: an appeal to jurors’ subconscious fears that trigger a basic response for survival. While judges appear reluctant to impose discovery restrictions based […]

Aug 19, 2019

Order to limit discovery denied

A motion for a protective order to limit defendant doctor’s discovery deposition in this medical malpractice case is denied. Plaintiff claims that defendant’s alleged negligent treatment following a stroke left her with a permanent visual impairment. Plaintiff seeks to depose defendant. Defendant has moved for a protective order to limit discovery relating to the applicable […]

May 28, 2019

Nerve severed during wisdom teeth extraction – $625,000 Verdict

Dr. Burgoyne, an oral surgeon, extracted the four developing wisdom teeth of a 12-year-old girl in August 2014. In the process of doing so, Dr. Burgoyne completely severed the child’s lingual nerve on one side (there are two nerves which provide sensory function, including taste to each side of the inside of the mouth) and […]

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