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Claims against condo directors barred by statute of limitations
A two-year statute of limitations bars a condominium association’s claims that former directors breached fiduciary duties, and conspired to do so, by failing to levy sufficient assessments to maintain reasonable […]
Sanction modified in probate order case
The circuit court correctly sanctioned petitioner because its challenge to an order “was not well grounded in fact and warranted by existing law or a good faith argument” to extend, […]
Defendant not entitled to drug sentence safety valve
A defendant is not entitled to relief from mandatory three-year minimum sentences for his convictions of cocaine distribution offenses because the evidence showed he possessed a firearm during the time […]
Resentencing ordered in felony firearm case
A five-year sentence for using a firearm in the commission of a felony is void ab initio because the applicable statute provides for a three-year sentence. Defendant is entitled to […]
No jurisdiction to review competency determination
The Supreme Court of Virginia lacks appellate jurisdiction to review a circuit court’s determination that a defendant found incompetent in 2005 to stand trial on murder charges must continue to […]
4th Cir.: Court won’t rehear habeas retroactivity issue
The government was denied rehearing as to a habeas petitioner, previously granted permission to seek relief under the savings clause contained in 28 U.S.C. § 2255. Statement respecting denial (Agee, […]
SCV: Malicious wounding intent shown by violent act itself
A defendant’s intent to maim, disfigure, disable, or kill could be inferred solely from the act of pistol-whipping his victim before stealing the victim’s money. Background On March 4, 2014, […]
Transgender Student Bathroom Dispute Remanded
In this suit by a transgender boy who challenged his North Carolina high school’s policy requiring students to use bathrooms designated for their biological genders, the 4th Circuit remands this […]
Frequent Filer Needs Prefiling Permission
The Supreme Court of Virginia imposes a prefiling injunction against an appellant who has filed and appealed rulings in numerous frivolous lawsuits against service-industry defendants in Northern Virginia; appellant is […]
No Jurisdiction After Sentence Commutation
By order dated Feb. 14, 2017, the court directed the parties to address the impact of the president’s commutation of defendant’s life sentence and, in particular, the questions of mootness […]
Weapons Charge Not Collaterally Estopped
Double jeopardy protection did not preclude the commonwealth from trying defendant on a severed charge of possession of a firearm as a convicted felon, despite his acquittal on burglary and […]
Verdicts & Settlements
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
Opinion Digests
- Criminal – Sentence for ‘unusually heinous’ conduct is affirmed
- Criminal – Sentence wasn’t unreasonable despite deportation consequences
- Appeals – Waiver in plea agreement forecloses most arguments on appeal
- Appeals – Appellant’s informal brief forfeited appellate review
- Employment – Failure to exhaust administrative remedies dooms Title VII suit
- Jurors – Dishonest juror didn’t violate defendant’s Sixth Amendment rights
- Criminal – Motion to suppress backpack denied where defendant abandoned item
- Civil Rights – Officer denied immunity in fatal shooting case
- Civil Rights – No qualified immunity on excessive force police K-9 claim
- Criminal – Probable cause includes dog’s positive alert for narcotics
- Criminal – Evidence supports obstruction of justice conviction
- Search & Seizure – Inventory search exception applies to warrantless search
