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Published Order

May 28, 2019

No recovery for tire explosion injury

An insurer is not liable for a truck driver’s injuries caused by a tire that exploded while the insured party was repairing it because insurance policy unambiguously excluded claims arising […]

May 28, 2019

Any hearsay error was harmless in arson case

Defendant’s arson conviction is affirmed despite his argument that admission of a witness’s written report to a fire marshal was inadmissible hearsay. Any error was harmless in light of the […]

May 13, 2019

Evidentiary error requires new trial on damages

The circuit court erred by allowing an assault victim to present evidence that as a result of an altercation with his attackers, he was arrested, had to post bail, hire […]

Apr 28, 2019

Felon’s ammo possession conviction is upheld

The Court of Appeals correctly determined there was sufficient evidence to find that defendant, a convicted felon, violated Code § 18.2-308.2(A) by constructively possessing shotgun shells found in his pickup […]

Apr 28, 2019

Court correctly refused to excuse venire members

Where plaintiff challenges a verdict for the defense in this medical malpractice case on the basis that the court should have excused two venire members for cause, the verdict is […]

Apr 25, 2019

Missing record number in joint appeal is not defect

Where the proceedings for defendant’s plea-based convictions of new crimes and his probation revocation had separate record numbers, his failure to list both numbers in his joint appeal was not […]

Apr 25, 2019

JDR court had jurisdiction to modify support award

Where the juvenile and domestic relations court denied appellant’s request to modify a child support order and he appealed to the circuit court but later withdrew it, the JDR court […]

Apr 25, 2019

Late habeas corpus petition dismissed

The statute of limitations governing habeas corpus petitions does not violate the Virginia Constitution’s Suspension Clause. Background Petitioner Brown seeks habeas relief from his 1970 murder conviction and the resulting […]

Apr 25, 2019

Appellant properly required to register as violent sex offender

Where appellant’s Idaho conviction of sexually abusing a child under the age of 16 required him to annually register as a sex offender in that state, he was properly required, […]

Apr 10, 2019

Order confirming just compensation award was final for appeal purposes

The 30-day period in which to appeal a jury’s just compensation award in this condemnation case began to run when the circuit court entered its order confirming the award. The […]

Apr 10, 2019

Harmless error ruling not challenged, conviction upheld

Where a police officer, after fatally wounding a shoplifting suspect, told a store loss-prevention officer, “I need you as a witness. It’s my second one[,]” his voluntary manslaughter conviction is […]

Apr 1, 2019

Counsel’s failure to appear due to illness warranted continuance

Where the circuit court sua sponte dismissed plaintiff’s personal injury case with prejudice after counsel informed the court and opposing counsel that he was too ill to appear for trial, […]

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