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Tag Archives: Norfolk Circuit Court

Speedy trial delay excused based on attorney’s proffer (access required)

Where a judge granted a continuance because a material witness’s medical condition prevented him from attending trial, proof of the condition is not required to excuse the delay for speedy trial purposes. A proffer from the commonwealth’s attorney that the ...

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Any error regarding autopsy report’s admission was harmless (access required)

Even assuming without deciding that an autopsy report was testimonial and that defendant had a right to confront the report’s author at the preliminary examination, any error caused by the author’s absence was harmless. The author of a forensic pediatric ...

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Man suffered concussion in head-on collision – $1.4 Million Settlement (access required)

Mr. Dantzler was a front-seat passenger in his girlfriend’s car when they were struck head-on by a work van operated by operated by Gordon on Layfayette Blvd. in Norfolk. Dantzler was unconscious at the scene, transported to Sentara Norfolk General ...

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The cost of smoking (access required)

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A Norfolk Circuit Court jury returned a $5 million asbestos verdict for the family of a deceased railroad employee, but cut the verdict to $1 million based on the employee’s smoking habit. The reduction was possible under rules for railroad ...

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Rescission is available remedy to wrongful foreclosure claim (access required)

Where the Virginia Housing Development Authority bought plaintiff’s home at a foreclosure sale, he has stated a rescission claim by alleging the VHDA knew or should have known of an alleged deed of trust violation when it bought the home. ...

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Drunken driver killed off-duty cop – Settlement of Policy Limits plus $14,500 (access required)

On July 22, 2017, the plaintiff, a 45-year-old off-duty police officer, and two friends rode their bicycles to a nearby bar and grill for dinner and drinks. At approximately 10:45 p.m., they headed home walking with their bicycles, crossing Cedar ...

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In-court ID not tainted by suppressed at-scene ID (access required)

Even though the court has suppressed a victim’s identification of defendant at the crime scene, the victim’s subsequent in-court identification had an independent basis and is admissible. Further, there was probable cause to arrest defendant even without the show-up identification. ...

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Mechanic suffered hurt hand, leg in car wreck – $750,000 Settlement (access required)

This case arose out of a typical two-car collision as the defendant driver turned left through an intersection where the plaintiff had a solid green light for some distance. The defendant was operating a van for a medical oxygen company ...

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