Evidence

Brown v. Warden (P)

The petition for habeas corpus before this court should be dismissed. In 1970, the petitioner was convicted of the murder of a 4-year-old child. His original death sentence was vacated following Furman v. Georgia, 408 U.S. 238 (1972), and he… Read More ›

Owusu-Boakye v. Barr

Because of evidence that the plaintiff’s spouse had previously entered into a sham marriage for the purpose of evading U.S. immigration law, the Board of Immigration Appeals properly denied the plaintiff’s petition to grant his spouse a visa. Record evidence… Read More ›

Rankin v. Commonwealth (P)

After a police officer fatally shot a suspected shoplifter, the circuit court in his murder trial denied his motion in limine to exclude his statement to a witness on the scene: “It’s my second one.” The statement was admitted at… Read More ›

Belville v. Ford Motor Co. (P)

In this products-liability suit arising from an alleged manufacturing defect in Ford vehicles, the district court properly dismissed the claims of certain plaintiffs, excluded plaintiffs’ three experts’ opinions, and granted summary judgment to Ford on all claims. The district court properly… Read More ›

United States v. Davis (P)

In the defendant’s trial for drug distribution, the district court did not abuse its discretion in admitting (1) a confidential informant’s out-of-court statement about purchasing drugs from the defendant prior to the relevant investigation, (2) an officer’s photographs of the… Read More ›

In re: Scott (P)

The petitioner’s requested writ of actual innocence should be issued, based on the totality of the evidence. The petitioner was convicted of three offenses relating to a 1975 rape. Trial established that the victim was attacked by a single perpetrator…. Read More ›

Roe v. Howard (P)

The Trafficking Victims Protection Act’s civil-remedy provision supports a $3 million award to a housekeeper who was sexually abused by the defendant and her husband while working for them overseas. The court properly held as much and also did not… Read More ›

United States v. Seerden (P)

In federal criminal proceedings against a member of the U.S Navy, the Fourth Amendment governs whether evidence is admissible, not the Military Rules of Evidence. Based on a military search warrant arising from sexual assault allegations, the Naval Criminal Investigation… Read More ›

Porter v. Commonwealth (U)

In a hearing on revocation of the defendant’s suspended sentence, the trial court did not err in admitting an out-of-court verbal statement to the defendant’s probation officer. The defendant’s probation conditions included having no visitors in his state-provided motel room… Read More ›

Kandasamy v. Advanced Software Sys. Inc.

Under Virginia’s crime-fraud exception to the attorney-client and work-product privileges, the court will not quash the defendant’s subpoena to the non-party law firm that previously represented the plaintiff before it withdrew as counsel. The defendant presented substantial evidence that emails… Read More ›

United States v. Habteyes

The defendant, who has been indicted for making false material representations to immigration/naturalization officials regarding his background in Ethiopia, seeks to exclude from the court’s consideration a ledger of firearms distributions to supporters of Ethiopia’s military council (which was waging… Read More ›