The trial court properly qualified a sexual assault nurse examiner as an expert at appellant’s rape trial even though she had not taken the certifying examination. Overview Appellant Wakeman was charged with two counts of rape. The commonwealth called Balciunas, ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where the court instructed the jury that it could convict defendant of forcible sodomy and aggravated sexual battery if it found either that he overcame the victim’s will by force or because of her physical or mental capacity, there was ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where appellant was convicted of driving after forfeiture of her license, third offense in 10 years, the Court of Appeals correctly concluded that there was sufficient evidence that she knew her license was revoked on the date of the offense. ...

Tagged with: Criminal Published Order Supreme Court of Virginia

The jury’s failure to award plaintiff damages after finding defendant liable was not flawed by the trial court’s admission of unauthenticated medical records. The error was harmless either because the information was established by other testimony, or it “had only ...

Tagged with: Personal Injury Published Order Supreme Court of Virginia

Where plaintiff sought to delay closing on a real estate purchase after discovering the presence of “hazardous wastes” and “hazardous substances” as defined by the parties’ contract, the trial court’s ruling that plaintiff breached the contract by not closing on ...

Tagged with: Contract Published Order Supreme Court of Virginia

The trial court correctly ruled that a defense expert in this medical malpractice case could be questioned about findings and conclusions in a medical board disciplinary consent order. Further, two mistrial motions were properly denied because any prejudice from the ...

Tagged with: Medical Malpractice Published Order Supreme Court of Virginia

A statute criminalizing an adult’s use of a computer to solicit sex from a child who the adult “knows or has reason to believe” is less than 15 years old is not unconstitutionally vague or overbroad. Background Robert Leigh Stolz ...

Tagged with: Criminal Published Order Supreme Court of Virginia

“Upon consideration of the record, briefs, and argument, the Court is of opinion that there is no error in the memorandum order that is the subject of this appeal. “A three-judge court found that Virginia attorney Joseph D. Morrissey violated ...

Tagged with: Attorneys Published Order Supreme Court of Virginia

Where an insurer settled a claim in full after the circuit court ruled the insurer was primarily liable, the settling insurer can seek equitable contribution from the other insurer on the risk after the circuit court’s ruling was reversed on ...

Tagged with: Contract Published Order Supreme Court of Virginia

Sovereign immunity bars a plaintiff’s simple negligence claim arising from the capsizing of a municipal police boat. Neither the federal savings clause in 28 USC § 1331(1) nor general maritime law pre-empts the state doctrine of sovereign immunity. The circuit ...

Tagged with: Civil Practice Published Order Supreme Court of Virginia