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Karen Taylor Kusterer v. Commonwealth of Virginia - Appeal Rights Waiver
The Virginia Court of Appeals upheld the dismissal of an appeal, ruling that a defendant knowingly and voluntarily waived her right to appeal under a deferred disposition agreement. The court found that statutory appeal rights can be waived if done intelligently, and the plea agreement explicitly reflected this waiver.
Womack v. Commonwealth of Virginia - Affirmation of Judgment
The Virginia Court of Appeals affirmed a trial court's judgment against Joseph Tyrone Womack. The court found no error in denying a motion to suppress evidence related to a drug distribution enterprise and affirmed the conviction for drug possession with intent to distribute. The court also ruled that claims regarding the admission of search warrants during sentencing and evidence sufficiency were waived.
Sean Marquise Hughes v. Commonwealth of Virginia - Drive-by Shooting Conviction Upheld
The Virginia Court of Appeals upheld a conviction for a drive-by shooting, affirming that circumstantial evidence was sufficient to identify the appellant as a participant. The court also ruled that a firearm equipped with an aftermarket selector switch designed to enable automatic fire qualifies as a machine gun under state law, even if temporarily inoperable.
Court Upholds Dismissal of Estate Elective Share Complaint
The Virginia Court of Appeals upheld the dismissal of a complaint seeking an elective share of an estate. The court found that the appellant failed to sufficiently plead the validity of his signature on a premarital agreement and waiver, or that the agreements were procured involuntarily or were unconscionable.
Inova Alexandria Hospital v. Courtney Santora - Workers' Compensation
The Virginia Court of Appeals affirmed a Workers' Compensation Commission award to a nurse for PTSD and major depressive disorder. The court found these conditions to be compensable ordinary diseases of life arising from her employment caring for COVID-19 patients.
Neal v. Commonwealth of Virginia - Admissibility of Murder Evidence
The Virginia Court of Appeals allowed evidence of a murder defendant's involvement in another murder to be used to prove identity and a common plan. The court found that the probative value of this evidence outweighed its prejudicial effect.
Person v. Commonwealth of Virginia - Right-to-Arm Instruction
The Virginia Court of Appeals reversed a conviction, finding the trial court erred by refusing a "right-to-arm" jury instruction. The appellate court determined the instruction was a proper statement of law supported by evidence and that its refusal was not harmless error. The case is remanded for a new trial.
State of New Jersey v. Michael Cawley - Post-Conviction Relief Denial Affirmation
The New Jersey Superior Court Appellate Division affirmed the denial of Michael Cawley's second petition for post-conviction relief. The decision pertains to his 2012 conviction and sentence for theft, kidnapping, and sexual assault.
Carrie Allen v. Christian Kirch - NJ Court Affirms NJM Ruling
The New Jersey Superior Court Appellate Division affirmed a lower court's ruling that New Jersey Manufacturers Insurance Company (NJM) has no duty to defend or indemnify Christian Kirch in a lawsuit stemming from a 2021 motor vehicle accident. The court found that Kirch lacked actual or implied permission to use the vehicle involved in the accident.
E.S. v. D.E.S. - Reverses TRO Dissolution, Remands
The New Jersey Superior Court Appellate Division reversed the dissolution of two amended temporary restraining orders (ATROs) issued under the Prevention of Domestic Violence Act. The court also reinstated the ATROs and remanded the case for further proceedings, allowing the plaintiff to amend the ATROs to include allegations from denied TRO applications.
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