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Tag Archives: Justice Cleo E. Powell

High court, 4-3, approves ‘rehabilitated’ med-mal juror (access required)

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The Supreme Court of Virginia, by a 4-3 vote, has deferred to a trial judge who allowed a juror to remain trial-eligible, despite the man’s expressed doubts about the fairness of medical malpractice litigation. The decision leaves in place a ...

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Dangerous dog’s custodian liable for veterinarian bill (access required)

Even though a dog in appellant’s custody may have begun to attack a neighbor’s dog while on appellant’s property, the circuit court correctly ruled that the dangerous dog statute’s safe harbor provision does not apply. There was sufficient evidence to ...

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High court upholds arbitration win for Alexandria lawyer (access required)

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The Supreme Court of Virginia will not disturb an arbitration decision that absolved an Alexandria attorney of ethics accusations and slammed a plaintiff with more than $900,000 in sanctions. The decision by five justices could end a protracted battle over ...

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SCV: Creditor deserved trial on objections to modified judgment (access required)

After granting a judgment debtor’s motion to reduce the amount of a confessed judgment, the circuit court erred in not setting the creditor’s objections to the modified amount for trial. Background On November 19, 2008, Appellee Hunter Mill West executed ...

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SCV: License-plate database may violate Data Act (access required)

Pictures and associated data stored in a police department’s automatic license plate reader database are “personal information” under the Data Act, but further factfinding is required to determine whether the record-keeping process allows a license plate number to be linked ...

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SCV: 1978 conviction vacated for actual innocence (access required)

Considering amendments to Virginia’s actual-innocence statutes, no rational factfinder would have found the petitioner guilty beyond a reasonable doubt. Background In 1977, 12-year-old A.C. was brought to the emergency room by her mother. A.C. reported being raped by multiple assailants ...

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