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Tag Archives: Justice D. Arthur Kelsey

Owners’ association holiday decoration rules unenforceable (access required)

A homeowner association’s seasonal decoration guidelines exceeded its declaration of restrictive covenants and are thus unenforceable. The circuit court’s judgment, which upheld fines imposed against appellant property owners for violating the guidelines, and which awarded attorney fees and costs, is ...

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Cocaine found during ‘Terry’ stop admissible (access required)

Defendant’s actions while seated in his car – digging between and beneath the seats and behind him with his hands – gave police a reasonable suspicion that he was reaching for a weapon, which justified removing defendant from his car ...

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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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Jury should have heard scope of employment issue (access required)

Where the trial court ruled, without hearing any evidence on the matter, that a nursing assistant was within the scope of his employment when he molested and raped an elderly nursing home resident, the trial court erred by removing this ...

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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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Justices part ways on vicarious liability (access required)

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The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

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Court revives child’s claim vs. church (access required)

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The Supreme Court of Virginia has recognized a church’s “special relationship” duty to protect children from a known dangerous employee. The new opinion also offers a host of guidance in other aspects of pleading a case. The decision builds on ...

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Special relationship, respondeat superior claims reinstated (access required)

Plaintiff , a young sexual abuse victim, has adequately pleaded that there was a special relationship between her and defendants, a local church and its national denomination, which created a duty to protect her from a church deacon who defendants ...

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