SUMMARY OF NOVEMBER 10, 2009 CAV OPINIONS

 

[Posted November 10, 2009]  The Court of Appeals hands down three published opinions today.  My schedule calls for me to leave shortly to go to Raleigh to deliver the annual Professionalism Lecture at the Campbell University School of Law in Raleigh, so I won’t have time to prepare detailed case analyses on these decisions.  Here’s a quick summary of today’s rulings:

 

In Weeks v. Commonwealth, the court reverses a criminal conviction where in a bifurcated trial, the jury made it clear in sentencing-phase notes to the judge that it had made a mistake in rendering its verdict on guilt.  Since juries retain control of their verdicts until they are discharged, the trial court erroneously refused to permit the jury to correct its earlier rendition from the guilt phase.

 

In Green Hand Nursery v. Loveless, the court approves an award of benefits to an employee who was hit by a car that ran off the road and careened into the grounds of a nursery.  The issue in the case is whether the injury arose out of the employment.

 

In Roberts v. Commonwealth, the court reverses a conviction for possession of cocaine with intent to distribute.  The court finds that the trial court should have suppressed certain evidence (that would be the cocaine) because the circumstances didn’t warrant a Terry stop.