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Tag Archives: Justice Cleo E. Powell

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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SCV: Expert testimony didn’t show causation in med-mal suit (access required)

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

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“Original purchase price” included improvements (access required)

Defendant Virginia Department of Transportation properly offered reconveyance of acquired property at the price paid for land and improvements, even though it had removed the improvements in the interim, the court held. Plaintiff David Kalergis owned a 55-acre farm in ...

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