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Recent changes
J.N.W. v. Commonwealth of Virginia - Affirmance of Judgment
The Court of Appeals of Virginia affirmed a trial court's judgment, denying a motion to suppress a confession and excluding expert testimony. The court found that any error in denying the motion to suppress was harmless due to independent evidence of guilt.
Mitchell v. Jamil - Deed of Trust Action
The Court of Appeals of Virginia affirmed a trial court's judgment awarding compensatory damages in a deed of trust action. The court found clear and convincing evidence of an agreement to modify the note's terms through the parties' course of dealings and waiver, and that the statute of frauds claim was waived.
Cunningham v. Virginia - Criminal Conviction Affirmation
The Court of Appeals of Virginia affirmed a trial court's decision, finding sufficient evidence for a jury to convict Adam Ross Cunningham of attempted strangulation, attempted abduction, and assault and battery. The court also found no abuse of discretion in allowing testimony of subsequent acts of violence against the same victim.
Holland Coleman v. Pamela Coleman - Property Settlement Unconscionable
The Court of Appeals of Virginia affirmed a trial court's decision to set aside a property settlement agreement as unconscionable. The court found a gross disparity in asset division and evidence of overreaching. The judgment was affirmed, and a challenge to a related order was waived.
7147 Mechanicsville Turnpike, L.L.C. v. Board of Supervisors of Hanover County
The Court of Appeals of Virginia affirmed a trial court's decision in a zoning dispute involving 7147 Mechanicsville Turnpike, L.L.C. and the Board of Supervisors of Hanover County. The court found no error in the trial court's rulings regarding the denial of a rezoning application and the sustaining of a demurrer.
Reid v. Balt. Ambulatory Center - Expert Witness Qualifications in Health Care Malpractice
The Maryland Court of Special Appeals ruled that an anesthesiologist can provide expert testimony on the standard of care for a gastroenterologist's post-procedure assessment, provided the specialties are related and the issue overlaps. This clarifies expert witness qualification requirements under the Health Care Malpractice Claims Act.
Bailey v. Happer - SAFE ACT Retroactive Application
The Maryland Court of Special Appeals ruled in Bailey v. Happer that the SAFE Act may not be applied retroactively, but conduct predating the statute can be considered. The court affirmed a $395,310 award for financial exploitation.
In re Holder - Collateral Estoppel in Insurance Regulatory Scheme
The Maryland Court of Special Appeals ruled that administrative hearings under the Insurance Article can have collateral estoppel effects on later proceedings, clarifying the application of collateral estoppel to regulatory schemes. The court also addressed the good faith requirement for claim denials and the separation of civil claims from judicial review petitions.
Kyere v. Durand - Arbitration Agreement
The Court of Special Appeals of Maryland addressed whether a non-signatory agent can enforce an arbitration agreement. The court affirmed that doctors employed by a hospital had standing to compel arbitration under an employment agreement, citing interdependent misconduct and agency.
Wharton v. State - Probation Extension Consent Ruling
The Maryland Court of Special Appeals ruled that an illegal probation extension, even if consented to by the defendant, is void. The court found that while a defendant may consent to probation terms, they cannot consent to illegal conditions, and violations under such an extension are invalid. This ruling impacts how probation extensions with impermissible conditions are handled in Maryland courts.
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