Virginia Circuit Courts

Commonwealth v. McDowell

The court will not suppress the defendant’s statement to a magistrate that “It’s all mine. I f*cked up.” Immediately after his arrest, the defendant invoked his right to remain silent with police. However, when appearing before the magistrate who advised… Read More ›

Bates v. Purdon

Where mediation was a condition precedent to filing suit, an action was improper when the parties didn’t engage in mediation and the defendants didn’t waive their right to enforce it. Here, the plaintiffs suggested mediation and the defendants didn’t respond…. Read More ›

Damtew v. Jeng

A defendant could not appeal from an adverse auto crash judgment in the general district court because he failed to post bond or prove indemnity by his insurer. To qualify for the bond exception under Code §16.1-107, the defendant had… Read More ›

Commonwealth v. Davis

The crime of aiding in unlawfully obtaining documents from the Department of Motor Vehicles when not entitled thereto under Code § 46.2-105.2(B) contains an implied mens rea element. In contrast to § 46.2-105.2(A)’s strict liability, it’s logical to apply the common… Read More ›

Swahn v. Hussain

In protracted litigation between townhome neighbors, the defendants/counter-plaintiffs’ losses on two issues offset their success on a third. The plaintiffs sued the defendants for public and private nuisance based on alleged operation of an illegal commercial catering business out of… Read More ›

Commonwealth v. Baxter

During an encounter that was initially consensual, police had reasonable suspicion to conduct a protective search after the defendant refused to take his hands out of his pockets, which contained an L-shaped bulge. The officers – patrolling a high-crime, high-drug, gang-associated… Read More ›

In re A.V.T.-A.

The court granted a mother’s petition to change her 7-year-old daughter’s surname to include the name of the girl’s stepfather. The daughter’s current surname is a hyphenation of her mother’s maiden name and her biological father’s surname. Her new surname… Read More ›

Don v. Tera Int’l Group Inc.

The plaintiff’s attachment of forged documents containing false information to each of two court filings are sanctionable under Code § 8.01-271.1, meriting a monetary penalty of $90,000 plus $37,452 in attorneys’ fees related to the fraudulent conduct. The plaintiff also… Read More ›

In re McGregor

Under § 18.2-308.2(C), “good cause shown” in the context of restoration of gun rights simply means that the risk that caused the offender to lose his or her right to bear firearms, as informed by a factored analysis of the available evidence,… Read More ›

Haworth v. Haworth

In a special commissioner sale of 12 parcels of land, Code § 8.01-109 treats each parcel sale as sold separately even in this case where the buyer purchased 11 parcels together for a fixed price. Thus, each parcel may generate a… Read More ›

Brown v. Tashman

In pregnancy-related medical malpractice lawsuits, the lack of a personal injuries claim for a child is a bar to a parent’s claim to recover medical expenses incurred on behalf of the child, where the tortious conduct occurred only while thechild… Read More ›