Free Newsletter
No “Brady’ violation in habeas case
Where petitioner seeks habeas corpus relief on the basis that the commonwealth violated the Brady rule by withholding impeachment evidence, petitioner has not conclusively established that counsel never received the […]
Sufficient evidence supports heroin possession conviction
Where police found a bag of heroin on top of a bag of marijuana in the console of the car appellant was driving, there was sufficient evidence for a factfinder […]
Juvenile’s 91-year murder sentence upheld
Where a 16-year-old defendant was sentenced to life without parole for murder and robbery and resentenced to life suspended after 91 years following the decision in Miller v. Alabama, 567 […]
Petition for actual innocence writ denied
A petition for a writ of actual innocence, based on the “purported recantations” of one of petitioner’s accomplices and an informant, a “declaration” from another accomplice, and a proffer that […]
Attorney fee provision was unconscionable
Where an attorneys’ fee provision in a private school enrollment contract obligated the signer to pay all attorney’s fees and costs in any action arising from the contract, the provision […]
Law of the case doctrine bars relitigating dismissed action
Where the trial court dismissed appellant’s original contract suit after giving the parties the opportunity to sue in Maryland under a forum selection clause and one party did so, the […]
Appeal dismissed without prejudice after party’s death
Where the trial court found for plaintiff but did not issue an order reflecting its ruling and judgment against all defendants until after one of them died, the order was […]
Ineffective assistance requires new trial
Where respondent concedes that petitioner’s plea-based convictions were the result of ineffective assistance of counsel, petitioner is entitled to habeas relief and a new trial is ordered. Petitioner pleaded no […]
Fraud claim not barred by source of duty rule
The source of duty rule does not bar plaintiff’s fraud in the inducement claim against defendants arising from business insurance coverage. Plaintiff specifically pleaded that this occurred when plaintiff renewed […]
Leave to amend complaint denied
In this ongoing litigation involving claims arising from a foreclosure sale of plaintiff’s home, the court denies his motion for leave to amend the eighth version of his complaint and […]
Court’s disposition of escrowed funds approved
The circuit court’s disposition of funds placed into an escrow account by a bankruptcy court’s order is affirmed. Facts Thoburn was a general partner of Thoburn Limited Partnership, which owned […]
No indemnity for assault suit against police officer
Where an agreement obligated a bar to indemnify the city of Richmond for claims arising from the employment of city police officers, the indemnity clause was not triggered when plaintiff […]
Verdicts & Settlements
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
Opinion Digests
- Insurance – Two carriers disagree over duty-to-defend responsibility
- Criminal – Inmate denied certificate of appealability on § 2254 petition
- Tort – Defamation suit reinstated against employer
- Criminal – Clothed grab-and-shake of genital area wasn’t obscene sexual display
- Criminal – Witness describe how defendant shot victim
- Wills and trusts – Trial court violated administrator’s due process rights
- Criminal – Evidence supported joint possession of firearm jury instruction
- Criminal – Ample evidence supports murder conviction
- Negligence – Suit alleges business negligently designed and maintained premises
- Prisons – Inmate’s petitions for sentence reduction rejected
- Criminal – Man convicted of sexual battery of 12-year-old stepdaughter
- Freedom of information – FOIA suit remanded following developments on appeal
