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January 2020 Linda Lee Alexander v. David Cobb

Oral Arguments of the Supreme Court of Virginia

Release Date: 02/13/2020

February 2020 Loudoun County v. Richardson show art February 2020 Loudoun County v. Richardson

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case LOUDOUN COUNTY v. MICHAEL RICHARDSON (Record Number 190621) From The Court of Appeals of Virginia. Counsel Justin R. Main (Siciliano, Ellis, Dyer & Boccarosse PLC) for appellant. James E. Swiger (The Law Office of James E. Swiger, PLLC) for appellee. Assignment of Error 1. The Court of Appeals erred in affirming the Workers’ Compensation Commission’s finding that Richardson’s functional loss of use under Virginia Code § 65.2-503 should be measured by his impairment before undergoing the hip...

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February 2020 Caldwell v. Commonwealth. show art February 2020 Caldwell v. Commonwealth.

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case CANDACE RENE CALDWELL v. COMMONWEALTH OF VIRGINIA (Record Number 190541) From The Court of Appeals of Virginia. Counsel Rick Boyer (Integrity Law Firm, PLLC) for appellant. Tiffany J. Bennett (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error The trial court improperly convicted Caldwell of defrauding an innkeeper by obtaining food with intent not to pay therefor, in violation of Code of Virginia 18.2-188. Code of Virginia § 18.2-188 requires that a defendant have the...

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February 2020 Stephens v. Clarke show art February 2020 Stephens v. Clarke

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case ANDREW C. STEPHENS v. HAROLD CLARKE, DIRECTOR (Record Number 190510) From Circuit Court for the City of Newport News; T. Fisher, Judge. Counsel Jonathan P. Sheldon (Sheldon & Flood, P.L.C.) for appellant. Lauren C. Campbell (Office of the Attorney General) for appellee. Assignments of Error 1. The circuit court erred when it found that trial counsel was not ineffective under the Virginia Constitution and the Sixth Amendment to the United States Constitution for failing to sufficiently investigate...

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February 2020 Lambert v. Commonwealth show art February 2020 Lambert v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case CLINARD GARY LAMBERT v. COMMONWEALTH OF VIRGINIA (Record Number 190439) From The Court of Appeals of Virginia Counsel Robert M. Galumbeck (Galumbeck & Kegley, Attorneys) for appellant. Rachel L. Yates (Office of the Attorney General) for appellee. Assignment of Error 1. The Court of Appeals erred in its judgment, ruling and order setting the standard of proof regarding whether a defendant “self administered” the drug which he is under the influence of, for purposes of Virginia Code sections...

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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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This podcast is provided by Ben Glass and Steve Emmert

 

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

Granted Appeal Summary

Case

LINDA LEE ALEXANDER v. DAVID COBB (Record Number 181613)

From

The Circuit Court of Bath County; J.E. Wetsel, Jr., Judge.

Counsel

Robert J. Test for appellant. Melisa G. Michelsen (Litten & Sipe L.L.P.) for appellee.

Assignment of Error

The trial court erred in not granting the Plaintiff/Petitioner’s Motion for Declaratory Judgment, instead ruling that the real property that is the subject matter of this case, belonged to the Defendant/Respondent (a 25% interest) and to the Plaintiff/Petitioner (a 75% interest). The Plaintiff/Petitioner claims a full ownership interest in the properties.

The Petitioner relies upon the ruling of the Alexandria Circuit Court, Lisa Kemler, Judge, in an order entered on October 27, 2011, as determinative of ownership of the properties and the rights of the parties. The trial court erred in not following that ruling, but instead determined that a subsequent order, issued by Judge Humes Franklin and entered on December 15, 2015, in the Bath County Circuit Court, was controlling in determining the ownership of the property.

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181613.pdf