Where there was a reasonable basis to believe the defendant was a threat to officers, the Fourth Amendment was not violated when an officer looked through the window into the kitchen to see if the defendant’s position posed a danger. ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where the police officer had a reasonable suspicion to stop a car after witnessing an apparent drug transaction, and where there was reasonable suspicion to search the defendant based on an odor of marijuana and the manner in which he ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

In a compensation case involving the taking of property for construction of a natural gas pipeline, certain testimony about the value of adjoining land tracts and the value of timber was excluded as it would not be heard by a ...

Tagged with: Evidence Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a defendant’s motion for continuance of trial had already been denied, defense counsel’s pattern of delay raises Sixth Amendment effective assistance concerns and the defendant’s motion for reconsideration and continuance was granted in order to give him sufficient time ...

Tagged with: Criminal Judge Elizabeth K. Dillon U.S. District Court - Western District

Although it was wrong for the government to insist members of the Virginia State Police leave the courtroom in the trial of a former special agent, their removal did not justify setting aside the jury’s verdict because it did not ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Where a commonwealth’s attorney disclosed the fact that a psychiatric patient had psychological issues and had not taken his medication on the day he was shot by a hospital security guard, the patient’s guardian was unable to state a claim ...

Tagged with: Civil Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

Although the court sustained the jury’s convictions on the counts for distributing controlled substances without a legitimate medical purpose or beyond the bounds of medical practice, it acquitted the defendant on the possession with the intent to distribute controlled substances ...

Tagged with: Criminal Judge James P. Jones U.S. District Court - Western District

Despite Page County’s objection to a magistrate judge’s ruling on a terminated employee’s discovery motion, the plaintiff is entitled to text messages on the personal cell phone of a county employee, communications between that employee and a county contractor and ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

Where a woman with kidney failure died after receiving an MRI scan using contrast dye even though she specifically told the doctor that she could not use contrast dye, her estate could pursue a malpractice claim against the doctor who ...

Tagged with: Civil Rights Judge James P. Jones U.S. District Court - Western District

Where two tree-sitters occupying certain parcels of land possession which had been granted to a company to construct its planned pipeline route, the company was not allowed  to join them in condemnation action because defendants did not have an actual ...

Tagged with: Civil Practice Judge Elizabeth K. Dillon U.S. District Court - Western District