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Tag Archives: Justice Cleo E. Powell

Rezoning evidence admissible in taking case (access required)

Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

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Supreme Court gives outline for Batson challenges (access required)

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The Supreme Court of Virginia offers a tutorial on Batson challenges to jury strikes while affirming a first-degree murder conviction in a case decided last month. The justices split 5-2 on whether a prosecutor’s race-neutral explanation for striking a juror ...

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Professional discipline is usable for impeachment (access required)

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Lawyers need to choose their medical experts with care. That’s a key lesson from a new Supreme Court of Virginia decision, one lawyer said. The justices refused to overturn a patient’s verdict even though the jury was told that a ...

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‘Batson’ challenge properly rejected in murder case (access required)

Where counsel made a Batson challenge after the Commonwealth used a peremptory strike to excuse an African-American juror from defendant Bethea’s retrial on a first-degree murder charge, the lower courts correctly determined the strike was not racially motivated. Defendant’s conviction ...

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Altered assignments of error disapproved in trust case (access required)

Even though appellant altered her assignments of error after her appeal petition was granted, the appeal will be heard. The original assignments of error were adequately addressed on brief. As to the merits, the circuit court incorrectly delegated its authority ...

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Any error in evidence proffer was harmless (access required)

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

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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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