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November 2019 - Massenburg v City of Petersburg

Oral Arguments of the Supreme Court of Virginia

Release Date: 11/30/2019

February 2020 VACORP v. Young, et al show art February 2020 VACORP v. Young, et al

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case VACORP v. MIASIA YOUNG, ET AL. (Record Number 190356) From The Circuit Court of the City of Richmond; G. Rupe, Judge. Counsel Jim H. Guynn, Jr. (Guynn, Waddell, Carroll & Lockaby, P.C.) for appellant. David E. Durrett and Christopher P. Yakubisin (Tronfeld West & Durrett) for appellees. Assignments of Error 1. The trial court erred when it granted Young’s motion for summary judgment (and denied VACORP’s motion for summary judgment) because Virginia Code § 22.1-194 alters the...

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February 2020 HRIP Miller v. City of Richmond show art February 2020 HRIP Miller v. City of Richmond

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case HRIP MILLER & RHOADS ACQUISITION, LLC v. CITY OF RICHMOND (Record Number 190316) From The Circuit Court of the City of Richmond; C. Jenkins, Judge. Counsel Thomas M. Wolfe, William H. Shewmake, and N. Pendleton Rogers (LeClairRyan PLLC) for appellant. Richard E. Hill, Jr. (Office of the City Attorney) for appellee. Assignment of Error 2. The Trial Court Erred When It Held That HRIP Could Not Invoke The City’s Tax Amnesty Ordinance, City Code §26-29, To Avoid The Forfeiture Of Its 2017 Tax...

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February 2020 Weatherholt v. Commonwealth show art February 2020 Weatherholt v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case JIMMY RAY WEATHERHOLT, JR. v. COMMONWEALTH OF VIRGINIA (Record Number 190206) From The Court of Appeals of Virginia. Counsel William D. Ashwell (Mark B. Williams & Associates, PLC) for appellant. Victoria Johnson and John I. Jones, IV, (Office of the Attorney General) for appellee. Assignment of Error 1. The circuit court violated Mr. Weatherholt’s Right to Counsel by having him appear without counsel during the pendency of his criminal charges and failing to advise Mr. Weatherholt as to the...

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February 2020 Tate v. Commonwealth show art February 2020 Tate v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case RICKY DEAN TATE, JR. v. COMMONWEALTH OF VIRGINIA (Record Number 190201) From The Court of Appeals of Virginia Counsel James C. Martin (Martin & Martin Law Firm) for appellant. Tyler A. Klink (Office of the Commonwealth’s Attorney) for appellee. Assignments of Error 1. The Court of Appeals erred in upholding the trial court’s ruling that the evidence was sufficient to convict Tate in the Morch/Sheets/Wilner statutory burglary and grand larceny case, where the case was based on the...

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February 2020 Arthur v. Commonwealth show art February 2020 Arthur v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case FRANK ARTHUR v. COMMONWEALTH OF VIRGINIA (Record Number 190186) From The Court of Appeals of Virginia. Counsel Daniel P. Galyon (Office of the Public Defender) for appellant. Derek A. Colvin (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error The Court of Appeals erred in finding the trial court did not abuse its discretion by sentencing appellant to 20 years with 11 years suspended on manufacturing methamphetamine (CR17000392-00) and 10 years all suspended on possess...

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February 2020 Green v. Diagnostic Imaging Associates, et al. show art February 2020 Green v. Diagnostic Imaging Associates, et al.

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case LEWIS DARNELL GREEN, PERSONAL REPRESENTATIVE/EXECUTOR OF THE ESTATE OF ONEIDA STILTNER GREEN, DECEASED v. DIAGNOSTIC IMAGING ASSOCIATES, P.C., ET AL. (Record Number 190181) From The Circuit Court of Tazewell County; R. Patterson, Judge. Counsel M. Bryan Slaughter and E. Kyle McNew (MichieHamlett PLLC) for appellant. John T. Jessee, Joseph M. Rainsbury, and Sarah C. Jessee (LeClairRyan); Frank K. Friedman, Elizabeth Guilbert Perrow, Daniel T. Sarrell, Erin B. Ashwell, and J. Walton Milam III (Woods Rogers...

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February 2020 T. Musgrove Construction v. Young, d/b/a, etc.  show art February 2020 T. Musgrove Construction v. Young, d/b/a, etc.

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case T. MUSGROVE CONSTRUCTION COMPANY, INC. v. EARL CRAIG YOUNG, D/B/A FOX FIRE TOWING (Record Number 190180) From The Circuit Court of Franklin County; C. Perdue, Judge. Counsel William P. Wallace, Jr. and Jason R. Whiting (Johnson, Ayers & Matthews, P.L.C.) for appellant. Eric H. Ferguson (Rhodes, Ferguson & Stone, Ltd.) for appellee. Assignments of Error 1. The circuit court erred in failing to grant T. Musgrove’s motion to set aside the verdict based upon the plaintiff’s failure to prove...

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February 2020 Curtis v. Highfill, et al. show art February 2020 Curtis v. Highfill, et al.

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case SHEA CURTIS, ADMINISTRATOR OF THE ESTATE OF MARY JO CURTIS v. CHRISTOPHER HIGHFILL, ET AL. (Record Number 190117) From The Circuit Court of Prince William County. K. Irving, Judge. Counsel Patrick A. Malone and Alfred A. Clarke (Patrick Malone & Associates, P.C.) for appellant. Michael E. Olszewski, Benjamin M. Wengerd, Rodney S. Dillman, and Julie C. Mayer (Hancock, Daniel & Johnson, P.C.) for appellees. Assignment of Error 1. The trial court erred by misinterpreting the standard for,...

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February 2020 Akers v. Commonwealth show art February 2020 Akers v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case JEREMY WAYNE AKERS v. COMMONWEALTH OF VIRGINIA (Record Number 190094) From The Court of Appeals of Virginia. Counsel Darrell W. Craft (Law Offices of Darrell Craft, P.C.) for appellant. Nathaniel S. Griffith (Office of the Commonwealth Attorney) for appellee. Assignments of Error 1. The trial court abused its discretion by saying it had no jurisdiction to act under the “Motion for Modification of Sentence pursuant to § 19.2-3032 of the Code of Virginia and New Hearing” and by default, the...

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February 2020 Wakeman v. Commonwealth show art February 2020 Wakeman v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case PATRICK JOSEPH WAKEMAN v. COMMONWEALTH OF VIRGINIA (Record Number 181680) From The Court of Appeals of Virginia. Counsel J. Lloyd Snook, III (Snook & Haughey, P.C.) for appellant. Katherine Quinlan Adelfio (Office of the Attorney General) for appellee. Assignment of Error The Court of Appeals erred in ruling that Raymer Balciunas was properly permitted to testify as an expert sexual assault nurse examiner when she was not certified as a SANE nurse.  

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This podcast is provided by Ben Glass and Steve Emmert

 

www.BenGlassReferrals.com - www.Virginia-Appeals.com

 

Granted Appeal Summary

 

Case

SAM MASSENBURG, ADMINISTRATOR OF THE ESTATE OF COREY D. MASSENBURG, DECEASED v. CITY OF PETERSBURG (Record Number 190071) From The Circuit Court of the City of Petersburg; J. Teefey, Jr., Judge.

 

Counsel

Kevin T. Hadden, Mark S. Lindensmith, and Ryan T. Walker (Marks & Harrison, P.C.) for appellant. Jeremy D. Capps, Melissa Y. York, and George A. Somerville (Harman Claytor Corrigan & Wellman) for appellee.

 

Assignments of Error

 

  1. The Trial Court committed reversible error in granting the City’s Demurrer; Plaintiff’s First Amended Complaint was sufficient to withstand demurrer as to the City’s alleged negligence in carrying out its proprietary function of maintenance, repair and operation of its water system.

 

  1. The Trial Court committed reversible error in granting the City’s Plea in Bar based on sovereign immunity; Plaintiff was entitled to judgment on the Plea in Bar based on the City’s failure to carry its burden of proof and based on the proprietary nature of the City’s negligence; or, in the alternative, there were factual issues that should be decided by a jury, which Plaintiff specifically requested.

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/190071.pdf