5A

Gratz v. Gratz

In this action asserting several business tort claims, the court will exercise specific personal jurisdiction, though not general jurisdiction, over the defendant, who is the plaintiff’s stepmother. In a nutshell, the plaintiff claims that his stepmother intentionally drove a wedge… Read More ›

Adkins v. Commonwealth (U)

In the defendant’s trial for murder, the trial court should have granted the defendant’s motion to suppress statements he made after invoking his right to remain silent. The defendant invoked that right when he said: “I don’t have no more to… Read More ›

Amonett v. Commonwealth (P)

Neither precedent nor the record supports the appellant’s proposition that police officers’ promises of leniency constitute a binding immunity agreement requiring dismissal of his indictment or rendering his incriminating statements involuntary or otherwise subject to suppression. Because the appellant didn’t… Read More ›

B.B. v. T.B.

In this divorce case, the plaintiff has no valid Fifth Amendment privilege against self-incrimination as to any acts of adultery that occurred more than one year ago. In Virginia, adultery is a Class 4 misdemeanor, punishable by a fine of… Read More ›

Carlson v. Commonwealth (P)

The trial court erred in not suppressing evidence obtained in an unlawful search of the defendant’s residence. Therefore, his convictions for manufacturing marijuana and misdemeanor obstruction of justice must be reversed. The government lacked an independent source for evidence obtained… Read More ›

Commonwealth v. Jordan

Although the court previously suppressed an out-of-court “show-up” identification of a defendant charged with armed robbery, the court need not suppress subsequent in-court identifications, which have an independent basis. Further, despite the unconstitutional show-up identification, probable cause existed to arrest… Read More ›

Commonwealth v. Belete

Code s. 19.2-182.5 does not violate the Due Process Clause as applied to the committed defendant, who on early charges of felony larceny was found not guilty by reason of insanity. Here, the acquittee was previously committed for four years… Read More ›

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 ›