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Tag Archives: Justice D. Arthur Kelsey

SCV: Successive-murder convictions merit multiple sentences (access required)

A defendant who murdered two victims within three years was subject to conviction and sentencing for both crimes under the statutory provision addressing such successive murders. Although the separate indictments merely changed the order in which victims were named, the ...

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SCV: Post-judgment appearance didn’t waive jurisdiction challenge (access required)

After a landlord obtained a default judgment against a commercial tenant for unpaid rent, the circuit court erred in finding that the guarantor waived any objection to the validity of the default judgment by entering a general appearance during post-judgment ...

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Bon Mots: May 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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SCV: Jury should have heard from both valuation experts (access required)

In a takings dispute as to the damage value to the remainder property, the trial court erred in excluding only the government’s appraiser, when the property owner’s expert’s opinion was admitted without a superior basis. Background In 2014, the Commissioner ...

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SCV: Birth mom didn’t allege knowing interference (access required)

After apparently consenting to adoption by an employee of the delivering hospital, a mother could not prevail on claims that the hospital, its doctors, and the employee’s attorney had tortiously interfered with her parental rights. She never alleged that these ...

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SCV: 15-year lease without seal was unenforceable (access required)

A long-term commercial lease with neither a common-law seal nor statutory seal substitutes was effectively month-to-month after a five-year term, and the trial court erred in focusing on “substance not form” to enforce the 15-year term. Background In 2000, a ...

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SCV: Appellate claims can’t “piggy-back” on others’ notice (access required)

The circuit court, on appeal from a GDC case, lacked jurisdiction on plaintiff’s appeal to also consider the defendant’s counterclaim, let alone award damages, when the plaintiff was the only party that noticed its appeal. Background This case began in ...

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Hearing Period’s Expiration Doesn’t Warrant Dismissal (access required)

The Supreme Court affirmed Appellant Joseph Boyd Rickman’s civil-commitment order, even though the required probable-cause hearing took place outside the statutory hearing timeframe. In contemplation of Rickman’s impending release from custody on numerous child sex-crime convictions, the Commonwealth petitioned to ...

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