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Virginia Death Law

Bruce Levine and Maco A. Gabarette v. Employers Insurance Company of Wausau

Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Carlos Bolanos Castillo was killed and Marco A. Gabarette was injured in a motor vehicle accident during the course of their employment. Castillo’s estate and Gabarette filed declaratory judgment actions seeking coverage under the uninsured/underinsured motorists endorsement of a third party’s insurance policy for payment of the wrongful death and personal injury damages from the accident. The dis... More...   $0 (04-14-2018 - VA)

Roxanne Adams v. Naphcare, Inc., et al.

Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

This case arises from the events surrounding the death of Jamycheal Mitchell. His personal representative, Roxanne Adams, brought this action on his behalf, asserting claims under 42 U.S.C. § 1983 and state law against Debra K. Ferguson and forty-nine other defendants. Ferguson moved to dismiss all claims against her; the district court denied the motion. Ferguson appeals. For the reasons that fol... More...   $0 (03-14-2018 - VA)

United States of America v. James Larry McNeal

Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

Defendants James Larry McNeal and Alphonso Stoddard were
convicted by a jury and sentenced in the Eastern District of
Virginia for conspiracy, armed bank robberies, and brandishing
firearms during crimes of violence. On appeal, McNeal and
Stoddard jointly challenge the sufficiency of the evidence
supporting their convictions on the brandishing offenses.
Separately, McNeal p... More...
   $0 (03-04-2018 - VA)

Jonathan Pornomo v. United States of America

Eastern District of Virginia Federal Courthouse - Richmond, Virginia

On May 31, 2011, Sie Giok Giang, a passenger on a Sky Express interstate bus traveling from North Carolina to New York, was killed when the driver fell asleep at the wheel and ran the bus off the side of a Virginia highway. About seven weeks before the crash, Sky Express had been given an “unsatisfactory” safety rating by the Federal Motor Carrier Safety Administration (“FMCSA”), a rating that ord... More...   $0 (03-04-2016 - VA)

Commonwealth of Virginia v. Ormrode Brown

Rockingham County Virginia Courthouse - Harrisonburg, Virginia

Harrisburg, VA - Jury Finds Defendant Guilty of First-Degree Murder

The Commonwealth of Virginia charged Ormrode Brown, age 47, with first-degree murder for stabbing 26-year-old Mackenzie Gray. He was also charged with abduction and attempted first-degree murder. Gray's death was the result of a melee involving several people outside a 7-Eleven convenience store in Harrisonburg, Virginia... More...
   $0 (01-26-2018 - VA)

United States of America v. Kenneth Stuart, a/k/a "Bones"

Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Norfolk, VA - “King of Death” Supplier Pleads Guilty, Faces Mandatory Life Sentence

A New Jersey man pleaded guilty today to leading and supplying a heroin and fentanyl trafficking conspiracy that resulted in more than a dozen overdoses and at least two deaths.

Kenneth Stuart, aka “Bones,” 43, of Newark, faces a mandatory minimum sentence of life in prison when sentenced on Apr... More...
   $0 (01-15-2018 - VA)

United States of America v. Abrahoam Atkins and Eddie L. Tyson

Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Norfolk, VA - Operation Hardest Hit Defendants Sentenced to Prison

Two Portsmouth men were sentenced December 12, 2017 to a combined 35 years in prison for their role in a massive heroin and fentanyl drug trafficking conspiracy.

According to court documents, on August 14, over 300 law enforcement agents made arrests and executed search warrants in Virginia, Georgia, and New York.... More...
   $0 (12-14-2017 - VA)

United States of America v. Beam Bros. Trucking, Inc., et al.

Western Distrct of Virginia Federal Courthouse - Harrisonburg, Virginia

Harrisonburg, VA - Beam Bros. Trucking, Inc., Beam Bros. Holding Company and Executives Sentenced on Federal Conspiracy Charges - Four Corporate Officers Admitted to Conspiring to Violate Federal Highway Safety Regulations

A Mount Crawford based trucking company that formerly hauled United States mail and it holding company, as well as four of its most senior officers, the President, Vic... More...
   $0 (12-04-2017 - VA)

United States of America v. Yerwin Ivan Hernandez-Ordonez aka Probador

Eastern District of Virginia Federal Courthouse - Richmond, Virginia

Richmond, VA - Honduran Man Sentenced to Prison for Role in MS-13 Gang Initiatiation Murder in Virginia

A Honduran national was sentenced to more than 30 years in prison today for his role in a 2011 murder in Richmond, Virginia.

Yerwin Ivan Hernandez-Ordonez aka Probador, 21, was sentenced by the Honorable Robert E. Payne to serve 365 months in prison, followed by five years of s... More...
   $0 (11-16-2017 - VA)

United States of America v. Walter J. Doran

Roanoke, VA - Roanoke Man Pleads Guilty to Theft of Social Security Administration Funds - Walter Doran Stole More Than $108,000

A Roanoke man pled guilty On July 20, 2017 in federal court in Roanoke to stealing over $100,000 of Social Security Administration funds intended for his deceased wife after he failed to report her death to that agency, Acting United States Attorney Rick A. Mou... More...
   $0 (07-25-2017 - VA)

United States of America v. Scott Steward Cammorto

Fourth Circuit Court of Appeals Courthouse

Scott Cammorto pleaded guilty to knowingly failing to register in Virginia as a sex offender, in violation of 18 U.S.C. § 2250. Based on his underlying conviction in Georgia for rape, the district court sentenced Cammorto as a Tier III offender pursuant to U.S.S.G. § 2A3.5(a)(1) and thus imposed an enhanced sentence of 41 months’ imprisonment. Cammorto now challenges the district court’s reliance ... More...   $0 (06-13-2017 - VA)

Commonwealth of Virginia v. Michael Edington

Virginia Police Officer Found Not Guilty On Manslaughter Charge

The Commonwealth of Virginia charged former Norfolk, Virginia police officer Michael Edington with voluntary manslaughter for shooting mentally ill David Latham to death during a confrontation in which the decedent in which the dead man was threatening others with a knife on June 6, 2014.... More...
   $0 (10-07-2016 - VA)

Commonwealth of Virginia v. Ulysses Jay James

Norfolk, VA - Jury Rejects Self-Defense and Convicts Man of Murder

The Commonwealth of Virginia charged Ulysses Jay James, age 52, with first-degree murder for stabbing 45-year-old Lean "Elaine" Smith to death.

Defendant claimed self-defense.

Ms. Smith was a schizophrenic cocaine addict who had previously stabbed James.

Virginia criminal code section 18.2.3... More...
   $0 (08-21-2016 - VA)

Commonwealth of Virginia v. Kareem Turner

Norfolk, VA - Defendant Found Guilty of Murder With 45 Year Sentence Recommendation

The Commonwealth of Virginia charged Kareem Turner with first-degree murder, attempted robbery and firearms violations in conjunction with the shooting death of Dajuan Glover in 2014.

The gun used in the shooting was found in that Glover had the keys to when he was arrested.

The Commonwea... More...
   $0 (06-07-2016 - VA)

Justina Alice Dunne v. Commonwealth of Virginia

“When considering a challenge to the sufficiency of evidence on appeal, we review the
evidence in the light most favorable to the prevailing party at trial and consider all inferences
fairly deducible from that evidence.” Jones v. Commonwealth, 276 Va. 121, 124, 661 S.E.2d
412, 414 (2008).
In February of 2014, Conner Sullivan, a student at the Virginia Military Institute
... More...
   $0 (03-28-2016 - VA)

Lamont Anthony Woods v. Commonwealth of Virginia

“When reviewing a trial court’s refusal to give a proffered jury instruction, we view the
evidence in the light most favorable to the proponent of the instruction,” in this case appellant.
Commonwealth v. Vaughn. Toward the end of April 2012, appellant’s relationship with his girlfriend, Takea Turner
(Turner), seriously deteriorated. Appellant testified that he assumed that Turner... More...
   $0 (03-28-2016 - VA)

United States of America v. Benjamin Frank Barrett, Jr.

NEWPORT NEWS, Va. – Benjamin Frank Barrett, Jr., 47, of Hampton, was sentenced today to 264 months in prison, followed by 10 years of supervised release for his participation in a conspiracy to distribute and possession with intent to distribute heroin and fentanyl, as well as distribution of fentanyl which resulted in death.

Barrett pleaded guilty on Oct. 5, 2015. According to court doc... More...
   $0 (01-13-2016 - VA)

United States of America v. Robert Everett Bonner, Jr.

ALEXANDRIA, Va. – Robert Everett Bonner, Jr., aka Ace, 34, of Fredericksburg, was sentenced to 360 months in prison for sex trafficking by force, fraud, and coercion. Bonner was also sentenced to five years of supervised release, ordered to pay $317,750 in restitution to his victims, and ordered to forfeit $400,250.

Bonner pleaded guilty on July 2, 2015. According to court documents, Bon... More...
   $0 (01-22-2016 - VA)

Commonwealth of Virgina v. Taneak Quvaughn Turner

Charlottesville, VA - Defendant convicted on nine felony counts including voluntary manslaughter

The Commonwealth of Virginia charged Taneak Turn, age 20, with eight different felony violations including voluntary manslaughter in the death of Antonio Washington.

The charges against Turner were based on a fatal stabbing that occurred at Al Hamraaa, a restaurant, in May of 2014. A... More...
   $0 (01-15-2016 - VA)

Dominique Desmond Hampton v. Commonwealth of Virginia

Dominique Desmond Hampton (“Hampton”) appeals his convictions from the Circuit
Court of the City of Danville (the “circuit court”) for possession of a firearm by a violent felon in
violation of Code § 18.2-308.2, breaking and entering while armed with a deadly weapon in
violation of Code § 18.2-90, and use of a firearm in the commission of robbery in violation of
Code § 18.2-53... More...
   $0 (11-17-2015 - VA)

Rafalko v. Georgiadis

Dimitri B. Georgiadis (Dimitri) established a revocable trust on December 21, 1989 that
designated his new wife, Margaret Georgiadis (Margaret), and his only children, two sons from a
previous marriage, Paul Georgiadis (Paul) and Basil Georgiadis (Basil) (collectively, the sons),
as beneficiaries. The sons were named co-trustees of that trust. August 27, 2012, Dimitri amended and r... More...
   $0 (11-05-2015 - VA)

Bratton v. Selective Insurance Co.

In February 2008, Ray Sink Pipeline Company (“Ray Sink”) was acting as general
contractor for a project on Route 419 in Roanoke County. The Route 419 project required Ray
Sink to lay water lines along the right edge of Route 419’s southbound lanes. To accomplish this
task, Ray Sink needed to cut a channel in the existing asphalt at the road’s edge.
Ray Sink hired S.R. Draper ... More...
   $0 (09-18-2015 - VA)

United States of America v. Mohamed Ali SAid a/k/a Mohammed Said, a/k/a Maxamad Cali Saciid

In early 2010, a group of seven Somalis — including defendants Mohamed Ali Said, Mohamed Abdi Jama, and Abdicasiis Cabaase — boarded a small skiff and entered the Gulf of Aden (in the Indian Ocean between the Arabian Peninsula and the Horn of Africa), intending to seize a merchant ship at sea. Their objective was foiled by the British warship HMS Chatham, which was conducting a counter-piracy miss... More...   $0 (08-14-2015 - VA)

United States of America v. William E. Hurwitz

Alexandria, VA - The United States of America charged William E. Hurwitz with conspiracy to traffic in constrolled substances in violation of 21 U.S.C. 846, drug trafficking resulting in death in violation of 21 U.S.C. 841A; drug trafficking resulting in serious bodily injury in violation of 21 U.S.C. 841; engaing in a continuing criminal enterprise in violation of 21 U.S.C. 848 and health care fr... More...   $0 (04-03-2008 - VA)

Commonwealth of Virginia v. John E. Pegram, II

Fredericksburg, VA - The Commonwealth of Virgina charged John E. Pegram, II with robbery, conspiracy and using a firearm in the commission of a felony in connection with the death of Rodney Beanum on November 24, 2013. The government alleged that Defendant was one of group of men who surrounded Beanum, robbed him and shot him in the head 11 times while he lay faced down on Howard Avenue in Mayfiel... More...   $0 (03-14-2015 - VA)

Commonwealth of Virginia v. Bruce Duane Walton

Richmond, VA - The Commonwealth of Virginia charged Bruce Duane Walton, age 48, with first-degree in the death of 67-year-old Roy Fuller who was stabbed 120 times sometime around April 1, 2014.

Richmond detectives were able to identify Walton based on his use of Fuller's credit to by cigarettes, alcohol and other items in the days following Fuller's apparent date of death.

The Co... More...
   $0 (12-12-2014 - VA)

United States of America v. Thirteen members

ALEXANDRIA, Va. – Thirteen members of the street gang, La Mara Salvatrucha, or MS-13, were recently indicted by a federal grand jury for their alleged roles in three murders and one attempted murder in Northern Virginia, among other charges. Court documents were unsealed today.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Andrew G. McCabe, Assistant Director in Ch... More...
   $0 (10-21-2014 - VA)

Timothy B. Bostic v. George E. Schaefer, II

Via various state statutes and a state constitutional amendment, Virginia prevents same-sex couples from marrying and refuses to recognize same-sex marriages performed elsewhere. Two same-sex couples filed suit to challenge the constitutionality of these laws, alleging that they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court granted the couples... More...   $0 (07-28-2014 - VA)

Tobia Romero Quitanilla v. Eric H. Holder, Jr.

Petitioner Tobia Romero Quitanilla, a native of El Salvador, sought discretionary relief from removal by way of a special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act of 1997 (the “NACARA”).1 An Immigration Judge (the “IJ”) denied Quitanilla’s request, ruling that he was ineligible for relief because of the “persecutor bar,” codified at 8 U.S.C. Â... More...   $0 (07-14-2014 - VA)

United States of America v. Youssef Hafez Abdelbary

Youssef Abdelbary appeals a district court order requiring him to pay restitution as part of his sentence for bankruptcy fraud. Finding no error, we affirm.


Abdelbary was convicted of wire fraud, money laundering, currency structuring, bankruptcy fraud, and perjury. This is the second appeal in this case, and many of the facts relevant to this appeal are set out in our first decis... More...
   $0 (03-11-2014 - VA)

United States of America v. Ahmed Muse Salad, Abukar Osman Beyle and Shani Nurani Shiekh Abrar

The United States of America charged Ahmed Muse Salad, Abukar Osman Beyle and Shani Nurani Shiekh Abrarpiracy under the law of nations in violation of 18 U.S.C. 1651; conspiracy to commit kidnapping in violation of 18 U.S.C. 1201; Use, carry, possess and discharge a firearm during and in relation to and in furtherance of the commission of a crime of violence in violation of 18 U.S.C. 924; Conspira... More...   $0 (08-03-2013 - VA)

Westmoreland Coal Company v. Jarrell D. Cochran

Westmoreland Coal Company, Inc. challenges an Administrative Law Judge’s (“ALJ”) decision, affirmed by the Benefits Review Board (the “Board”), to award black lung benefits to Westmoreland’s former employee, Jarrell Cochran. Because the award of benefits is supported by the record and accords with applicable law, we must deny Westmoreland’s petition for review.


The B... More...
   $0 (06-04-2013 - VA)

William Scott MacDonald v. Tim Moose

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth’s criminal solicitation statute, found in section 18.2-29. The criminal so... More...   $0 (03-13-2013 - VA)

Scott Andochick, M.D. v. Ronald Byrd

Scott Andochick brought this declaratory judgment action, asserting that ERISA preempted a state court order requiring him to turn over benefits received under ERISA retirement and life insurance plans owned by his deceased ex-wife, Erika Byrd. ERISA obligates a plan administrator to pay plan proceeds to the named beneficiary, here Andochick. The only question before us is whether ERISA prohibits ... More...   $0 (03-05-2013 - VA)

Travis Burns v. Gregory Joseph Gagnon

These companion appeals arise out of a personal-injury suit brought by a former Gloucester High School (GHS or school) student who was injured in a fight with another student on school grounds. On the morning of the fight, an assistant principal at the school received a report that the fight would occur sometime that day. He did not act on the report before the fight.

The injured student su... More...
   $0 (04-20-2012 - VA)

Lisa Laws v. CAlvin McIlroy, Jr.

In these appeals, we consider whether the Circuit Court of Buckingham County (the "circuit court") erred when it granted motions to dismiss filed by the individual defendant Calvin McIlroy, Jr. ("McIlroy"), the plea in bar filed by Government Employees Insurance Company ("GEICO"), and the motion to dismiss lodged by State Farm Mutual Automobile Insurance Company ("State Farm"), all relying on Code... More...   $0 (04-20-2012 - VA)

Thorpe v. Ted Bowling Construction

This is an appeal from an award of worker's compensation benefits. It presents a question concerning the statutory rules governing the determination of an employee's "average weekly wage."

Facts and Proceedings

The essential facts are undisputed. In 2006, Matthew Alson Thorpe was the owner of a self-storage facility and operated a side business called "Alson's Ornamental Iron" that i... More...
   $0 (05-04-2012 - VA)

David H. Dailey v. Janice M. Dailey

David H. Dailey (“husband”) contends that the trial court erred in holding that his retirement, and the share of that retirement that is being disbursed to his former wife, Janice M. Dailey (“wife”), did not constitute a basis to modify the husband’s spousal support obligation to wife. We agree with husband and, therefore, reverse and remand.


Husband and wife wer... More...
   $0 (03-06-2012 - VA)

Virgil L. Moore v. Virginia International Terminal

Virgil L. Moore (“Moore”) appeals the judgment of the Circuit Court of the City of Portsmouth sustaining the plea in bar filed by defendants Virginia International Terminals, Inc. (“VIT”) and Orion L. Parker (“Parker”). Determining that the circuit court erred in its ruling that the parties were statutory employees of the Virginia Port Authority (“VPA”) and therefore subject to the... More...   $0 (01-13-2012 - VA)

Matthew A. Galumbeck v. Joseph Lopez

Dr. Matthew A. Galumbeck and Plastic Surgery of Tidewater, P.C. appeal a judgment in favor of the plaintiff Joseph Lopez (“Lopez”), administrator of the estate of Maritess Q. Lopez (“Maritess”). Finding that the trial court did not err, we affirm the judgment.


On July 30, 2008, Maritess underwent outpatient surgery performed by Dr. Galumbeck. After the surgery, Ken... More...
   $0 (03-02-2012 - VA)

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