Board meeting did not fall within VFOIA exceptions
Where plaintiffs allege that five members of a county board of supervisors violated the Virginia Freedom of Information Act’s open meeting requirements when they attended a police Citizens Advisory...
View ArticleUIM coverage is part of UM coverage
Where a driver was involved in an accident with both an uninsured motorist and an underinsured motorist, her insurer is not liable to provide separate UM and UIM coverage. This is so because the...
View ArticleCourt had jurisdiction over utility contract dispute
Where a chemical company sued a privately operated water company for breach of contract, the tariff under which the parties conducted their business is best understood as a contract, which is...
View ArticleStock properly classified for lump sum support award
The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution....
View ArticleEvidence supports aggravated sexual battery conviction
The evidence supports findings that appellant touched his daughter’s “intimate part” and did so with the intent “to sexually molest, arouse, or gratify any person.” Overview “[T]o sustain [appellant]...
View ArticleSufficient evidence for murder conviction
There was sufficient evidence to sustain appellant’s second-degree murder conviction. Further, the trial court correctly refused to strike the testimony of a key trial witness despite appellant’s...
View ArticleSufficient evidence of intent to distribute
Where an expert testified that appellant’s possession of almost 10 pounds of marijuana was “inconsistent with personal use” because it would take more than three years for a heavy user to smoke all of...
View ArticleNo jurisdiction without final conviction
Where the appellant seeks to challenge the circuit court’s ruling that it lacked jurisdiction over a general district court’s order granting the commonwealth’s motion to nolle prosequi charges lodged...
View ArticleClaim for ongoing treatment barred
Where a workers’ compensation claimant failed to appeal a determination which didn’t address payments for ongoing treatment of a compensable injury, his claims were barred by res judicata. The Virginia...
View ArticleNo basis for mistrial in drug prosecution
Where appellant did not show that the commonwealth suppressed information favorable to his defense that would otherwise have been unavailable, the circuit court correctly denied his motion for a...
View ArticleRes judicata bars claim after final award
Even though claimant’s medical benefits claim included a claim for deep vein thromboses, where the deputy commissioner’s award did not address DVT, and neither party appealed, the award became final...
View ArticleAttempt to name correct defendant was untimely
Where plaintiff nonsuited her personal injury claim because she named the wrong defendant, her new action, filed outside the statute of limitations, does not relate back to her original complaint....
View ArticleNo contest plea waived all defenses
Where appellant pleaded no contest to charges of reckless driving and failure to appear, he waived “all defenses except those jurisdictional.” Further, the circuit court did not abuse its discretion...
View ArticleSelf-defense rejected in shooting case
Where appellant fired shots at a person who was running from him and toward a motel room, his self-defense claim is not well taken. His conviction of maliciously shooting at an occupied building is...
View ArticleEvidence supports finding of work-related injury
Even though some opinions from claimant’s treating physician were “equivocal,” there was sufficient medical evidence that claimant’s knee injury was causally related to a slip-and-fall accident at...
View ArticleMotion to suppress evidence properly denied
Appellant’s convictions of first-degree murder, arson of an occupied dwelling, and arson of personal property are affirmed. The police had probable cause to detain appellant. Police and fire marshals...
View ArticleLarceny conviction upheld despite return of property
Even though appellant returned the victim’s property shortly before she was tried for grand larceny, her intent to permanently deprive the victim of his property can be inferred from the facts and...
View ArticleDrug evidence incorrectly suppressed
The trial court incorrectly suppressed drug evidence found during a warrantless search of an apartment where there was no evidence that appellant had a reasonable expectation of privacy in the...
View ArticleMotion to strike abduction charge correctly denied
Where a bank customer threw himself to the floor after appellant hit him with a gun during a bank robbery, the trial court properly denied appellant’s motion to strike an abduction for pecuniary...
View ArticleSufficient evidence to convict on theft offenses
Sufficient evidence supports appellant’s convictions of petit larceny, burglary, and conspiracy to commit burglary. Overview After a theft victim’s home security service alerted him that his security...
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