How to Make the Trial Fair New Rules Guidance Who Controls Your - - PowerPoint PPT Presentation

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How to Make the Trial Fair New Rules Guidance Who Controls Your - - PowerPoint PPT Presentation

Nov 02, 2022 27 likes •219 views

How to Make the Trial Fair New Rules Guidance Who Controls Your Docket? Every man (woman) is entitled to a fair trial Oliver v. Commonwealth, 151 Va. 533 (1928) Commonwealth v. Proffitt, p. 8 Sexual Violent Predator- jury

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How to Make the Trial “Fair” New Rules Guidance Who Controls Your Docket?

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“Every man (woman) is entitled to a fair trial…” Oliver v. Commonwealth, 151 Va. 533 (1928)

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Commonwealth v. Proffitt, p. 8

  • Sexual Violent Predator- jury trial
  • Trial Court, excluded two witnesses
  • SCV-reversed, testimony relevant and

material

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Mikhaylov v. Sales, p. 13

  • Mikhaylov pled guilty to assault-GDC
  • Defendant denied the assault at civil trial
  • Trial court instructed jury to disregard
  • Jury verdict, reversed-no bar to explain plea
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JSR Mechanical v. Aireco, p. 5

  • Case file was dormant four years, dismissed
  • Aireco sought reinstatement, denied
  • SCV reversed, “may” in code means “shall”
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Edwards v. Vesilind, p. 6

  • Trial court held GAV in contempt!
  • Failure to disclose work product
  • No contempt, work product protected under

Speech or Debate Clause

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Coutlakis v. CSX Transp., Inc., p. 22

  • Victim struck by train, wearing earbuds
  • Demurrer sustained, victim contributed
  • SCV reversed, last clear chance may apply
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Mayr v. Osborne, p. 22

  • Surgeon operated on wrong body part
  • Patient filed complaint for a battery
  • SCV no C/A in tort, patient agreed to surgery
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Johnston v. Wood & Associates, p. 7

  • Employer terminated employee “on the spot”
  • Employee filed suit, demanded notice
  • SCV, no advance notice for “at-will” employee
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Holiday Motor Corp. v. Walters, p. 23

  • Mazda Miata, turned over and driver injured
  • Walters sued maker, jury gave $20 million
  • SCV reversed, no duty to design anti-rollover
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Toraish v. Lee, p. 21

  • Medical Malpractice/Wrongful Death Case
  • Defense Expert’s opinion, cause was genetics
  • Verdict for defense, reversed
  • Expert’s testimony, inadequate foundation
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SunTrust Bank v. PS Business Parks, p. 13

  • Garnishment dispute, creditor has “burden”
  • Trial Court shifted to SunTrust Bank, reversed
  • “Burden of persuasion” remains with creditor
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Westlake Group v. Flynn, p. 16

  • Law Firm got judgment against former client
  • Failed to get proper notice, judgment void
  • Firm filed garnishment, sanctioned at trial
  • SCV affirmed, Firm acted on a voided case
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Gilliam v. Immel, p. 21

  • Immel rear-ended Gilliam, conceded liability
  • Defendant’s doctor, opined no damages
  • Jury found for Gilliam, zero damages-affirmed
  • Trial court properly excluded racial slur
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Elliott v. Carter, p. 21

  • 13-year-old drowned during Scout trip
  • Estate filed suit for gross negligence
  • Leaders gave lessons earlier, futile rescue
  • SCV, no jury issue-some care was given
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Parrish v. FNMA, p. 15

  • Fannie Mae filed UD action in GDC
  • Parrish responded, court had no jurisdiction
  • SCV reversed, restored possession
  • Only circuit court can resolve title dispute
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Pike v. Hagaman, p. 23

  • Nurse was negligent, allowed patient to move
  • Defense was a special plea of immunity
  • SCV cites James v. Jane, four factors
  • Nurse granted immunity, all factors applied
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Way v. Way, p. 25

  • Party sought witness subpoena for trial
  • Clerk’s office failed to issue
  • Trial court denied continuance, lawyer dilatory
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