This phrase, as used in the courts of chancery, denotes the liberty which these ...
District Court for the Western District of Virginia Court Cases
United States v. Hinen (2007)
The defendant, charged with failing to register as a sex offender under the new Sex Offender Registration and Notification Act, has moved to dismiss the indictment on constitutional and procedural grounds. For the reasons set forth, the motion will be denied.
Court: District Court for the Western District of Virginia Docket: 2:07CR00005
Goodbar v. Whitehead Bros. (1984)John M. Oakey, Jr., McGuire, Woods & Battle, Richmond, Va., William B. Poff, Woods, Rogers, Muse, Walker & Thornton, William O. Tune, Jr., Gentry, Locke, Rakes & Moore, Roanoke, Va., James W. Morris, III, Browder, Russell, Morris & Butcher, Richmond, Va., Barbara Kacir, Cleveland, Ohio, Marianne Corr, Jones, Day, Reavis & Pogue, Washington, D.C., Gregory P. Cochran, Lynchburg, Va., George W. Wooten, Woodward, Fox, Wooten & Hart, Roanoke, Va., Howard W. Rhodes, Jr., [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. Nos. 82-0160-L, 83-0014-L and 83-0111-L, No. C/P No. 83-2
Plaintiff alleges in his complaint that on or about May 28, 1970, while engaged in the course of his employment for Rubatex Corporation, a "limit switch" malfunctioned causing a Sheridan #34 Die Cutting Press to operate in a faulty manner with the proximate result that both of his hands were crushed to such an extent that they had to be amputated. The "limit switch" had been manufactured by defendant, Allen-Bradley Company, and sold to plaintiff's employer in connection with the Sheridan #34 [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 72-C-42-L
Boyd v. Bulala (1986)Plaintiffs Helen and Roger Boyd filed this medical malpractice suit on behalf of themselves and their infant daughter, Veronica Lynn Boyd, who suffered a perinatal injury which left her with profound physical and mental handicaps. The Boyds alleged that the defendant negligently failed to provide adequate medical care during labor and delivery. At trial, plaintiffs presented evidence that Dr. Bulala, then at his home several miles away, had ordered the delivery room nurses to call him to the [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 83-0557-A-C
United States v. Belcher (1991)
Tim McAfee ("McAfee") is the Commonwealth's Attorney for Wise County, Virginia. He is also a Special Assistant United States Attorney for the Western District of Virginia. During 1988 and 1989, McAfee, as Commonwealth's Attorney, unsuccessfully prosecuted the brothers Belcher, Marshall Edward ("Eddie") and Patrick Lee ("Patrick"), in the Circuit Court of Wise County, Virginia.
Court: District Court for the Western District of Virginia Docket: Cr. No. 89-00156-B
This case comes before the court on the plaintiffs' motion for a permanent injunction. At issue here are certain regulations of the University of Virginia that the defendants are enforcing to prevent the plaintiffs from erecting symbolic "shanties" on certain areas of the University's campus. For the reasons set forth below the court has determined that the plaintiffs are entitled to relief.
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 87-0126-R
This is an action by plaintiff James Stanley against the Sherwin-Williams Company for interference with contractual relations. Stanley is a Virginia resident and Sherwin-Williams is an Ohio corporation with its principal place of business in that state, and there is more than $50,000 in controversy exclusive of interest and costs. Accordingly, there is diversity jurisdiction pursuant to 28 U.S.C. § 1332. The court finds that Stanley was required, but failed, to schedule his claim against [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 92-0091-A
McAmis v. Wallace (1997)
Fredia May McAmis ("Plaintiff") seeks compensatory damages from Charles Wallace and General Motors Corporation for their alleged role in a September 18, 1996 automobile accident in which Plaintiff was injured. A trial date has been set for March 16, 1998, and Charles Wallace ("Defendant") seeks a motion in limine from this court. Defendant asserts that Plaintiff should be prohibited from introducing medical expenses exceeding amounts actually paid or payable by Medicaid.
Court: District Court for the Western District of Virginia Docket: CIV. A. 97-0108-B
This civil enforcement action was brought by the Plaintiff, the Federal Election Commission, ("FEC" or "Commission"), against the Defendant, the Christian Action Network, ("CAN"), and its president and chief executive officer, Martin Mawyer, alleging violations of the Federal Election Campaign Act of 1971, as amended 2 U.S.C. §§ 431 et seq. ("FECA" or the "Act"). The FEC asserts that the Defendants violated the Act by: (1) using corporate treasury funds to finance political advertisements [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 94-0082-L
Boyd v. Bulala (1987)
This matter comes before the court upon the motion by the defendant for post-judgment relief and upon the motion by the Commonwealth of Virginia, intervenor in this action, to reconsider the court's earlier ruling on the constitutionality of section 8.01-581.15 of the Code of Virginia.
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 83-0557-A-C
The Attorney General filed this action on January 30, 1975 alleging that the defendant, a Pittsylvania County, Virginia children's home, had made dwellings unavailable to black children, in violation of the Fair Housing Act of 1968, 42 U.S.C. § 3601 et seq. On February 12, 1975, defendant filed a motion to dismiss the complaint, or, in the alternative, for summary judgment. On February 21, 1975, the Court denied the motion, but reserved the right to reconsider its decision at a later stage of [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 75-0005
Brennan v. Blankenship (1979)Gerald Francis Brennan seeks habeas corpus relief under 28 U.S.C. §§ 2241 and 2254. Petitioner was convicted of two counts of malicious wounding in the Circuit Court for the County of Montgomery. He was sentenced to two thirteen year terms of imprisonment, to run consecutively. He now contends that these convictions are constitutionally infirm because of ineffective assistance of counsel. Brennan has previously asserted the identical claim in a habeas proceeding conducted in the Montgomery [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 78-0037(R)
St. Clair v. Righter (1966)This is a libel action wherein plaintiff alleges that the defendants published false and defamatory statements concerning him in a certain letter which they circulated to the stockholders of the Jewell Ridge Coal Corporation. Plaintiff is, and was at the time of the alleged defamation, president and a director of Jewell Ridge, and the letter, in essence, charged him with violation of his fiduciary duties to the Corporation in order to personally benefit himself and members of his family. It is [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 65-C-35-R
Davis v. Zahradnick (1977)In March of 1974, the petitioner, Roger Trenton Davis, was convicted by a jury in the Circuit Court of Wythe County, Virginia of possession of marijuana with the intent to distribute, and of distribution of marijuana. Although the total quantity of marijuana involved in the two offenses was less than nine ounces, he was fined Ten Thousand Dollars ($10,000) and sentenced to 20 years of imprisonment for each offense, the sentences to be served consecutively. Petitioner Davis appealed his [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 76-0021
Anita L. Staver, Mathew D. Staver, Liberty Counsel, Orlando, FL, Mary Elizabeth McAlister, Liberty Counsel, William Edward McRorie, Law Office of William McRorie, Lynchburg, VA, for Plaintiffs.
Court: District Court for the Western District of Virginia Docket: 6:10-cv-00015-nkm
Walton v. Johnson (2003)This is an authorized successive petition by Percy Levar Walton for a writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in which Walton maintains that his sentence of death for three counts of capital murder would be cruel and unusual punishment because he is mentally retarded and because he is incompetent. The court finds that Walton is not mentally retarded under Virginia's definition of mental retardation which, like the American Psychiatric Association and the American Association of [...]
Court: District Court for the Western District of Virginia Docket: CIV.A. 7:03CV00347
This is a bankruptcy appeal from an order of U.S. Bankruptcy Judge H. Clyde Pearson discharging the debt owed to the appellant. The parties have fully briefed the issues raised on this appeal. The Court has heard argument from the parties. This matter is, therefore, ripe for decision. For the reasons stated below, the bankruptcy court's order will be reversed.
Court: District Court for the Western District of Virginia Docket: Civ.A. No. 94-0685-R
Rutherford v. Blankenship (1979)On November 13, 1973, in the Circuit Court of Carroll County, petitioner, Harold Dean Rutherford, entered pleas of guilty to malicious wounding and driving an automobile after having been adjudicated an habitual offender. He is now serving a sentence of ten years imprisonment imposed in relation to the malicious wounding plea. Petitioner petitioned the Virginia Supreme Court for a writ of habeas corpus maintaining that his pleas were void due to an improper condition requiring him to leave the [...]
Court: District Court for the Western District of Virginia Docket: Civ. A. No. 77-0141-A
In Re Linkous (1992)
This case is before me on appeal from the Bankruptcy Court. Piedmont Trust Bank ("Piedmont") has appealed the Bankruptcy Court's denial of its motions to revoke the order confirming the debtor's plan, to convert the case to Chapter 7, and to lift the stay. Piedmont contends that because of inadequate notice and procedural irregularities its claims have been improperly reduced. Both the trustee and the debtor have filed briefs in opposition.
Court: District Court for the Western District of Virginia Docket: 90-00608, Civ. A. No. 91-0011-D
Plaintiffs, as individuals, and as alleged assignees of a cause of action of Tri-States Automotive Warehouse, Inc. seek damages from the defendants jointly and severally for the wrongful administration of a loan agreement, in which Lawrence Warehouses, Inc. participated, between the corporation, the Small Business Administration and The First National Exchange Bank.
Court: District Court for the Western District of Virginia Docket: 65-C-55-A to 65-C-57-A