Appellate Cases

1. Roseborough v. Commonwealth, Record No. 100507, SUPREME COURT OF VIRGINIA, 2011 Va. LEXIS 13, January 13, 2011, Decided

OVERVIEW: Officer made invalid warrantless arrest for misdemeanor not committed in his presence as single-vehicle accident occurred on private road in gated complex; thus, exceptions to warrant requirement in Va. Code Ann. § 19.2-81 did not apply. Implied consent law did not apply to permit certificate of analysis of breath test to be admitted into evidence.

Hunter A. Whitestone (Whitestone , Young & Merril, on ...

2. Overbee v. Commonwealth, Record No. 831212, Supreme Court of Virginia, 227 Va. 238; 315 S.E.2d 242; 1984 Va. LEXIS 238, April 27, 1984

OVERVIEW: A blood-alcohol breath test should have been suppressed where a trooper found a man standing in front of his truck; no evidence showed that he was operating the truck when he was approached.

Robert C. Whitestone (Whitestone Young, PC, ...

3. Stevenson v. Falls Church, Record No. 911221, Supreme Court of Virginia, 243 Va. 434; 416 S.E.2d 435; 1992 Va. LEXIS 37; 8 Va. Law Rep. 2775, April 17, 1992 , As Corrected August 6, 1992.

OVERVIEW: Defendant found drunk and asleep in his car, with key in the ignition in the off position, did not engage the mechanical or electrical equipment of the car; thus, he did not "drive or operate" it and should not have been convicted of drunk driving.

J. Ronald Lynch (Whitestone Young, PC, on ...

4. Martin v. Commonwealth, Record No. 052060 , SUPREME COURT OF VIRGINIA, 272 Va. 31; 630 S.E.2d 291; 2006 Va. LEXIS 64, June 8, 2006, Decided

OVERVIEW: "Force" as used in former Va. Code Ann. § 18.2-67.10(6) included actual and constructive force and constructive force included engaging in proscribed conduct with a victim who was under age of consent. Victim's age of eight years, served as proof of both force requirement and age requirement, which was neither improper nor incongruous.

... J. Cunningham, Jr. (Whitestone Young, PC, on ...

5. Fried v. Smith, Record No. 911007, Supreme Court of Virginia, 244 Va. 355; 421 S.E.2d 437; 1992 Va. LEXIS 99; 9 Va. Law Rep. 298, September 18, 1992

OVERVIEW: The grant of summary judgment to a lessee on the ground that a stock purchase agreement released lessee from a lease guaranty was not proper where there was ambiguous language, and the trial court did not consider parole evidence as to the release.

... J. Cunningham, Jr. (Whitestone Young, PC, on ...

6. United Services Auto. Asso. v. Webb, Record No. 860237, Supreme Court of Virginia, 235 Va. 655; 369 S.E.2d 196; 1988 Va. LEXIS 96; 4 Va. Law Rep. 3183, June 10, 1988

OVERVIEW: Virginia's public policy did not prohibit an insured from being covered under an automobile liability policy for punitive damages resulting from the insured's willful and wanton negligence.

... Jerry M. Phillips (Whitestone Young, PC, ...

7. Bowers v. May, Record No. 840432, Supreme Court of Virginia, 233 Va. 411; 357 S.E.2d 29; 1987 Va. LEXIS 208; 3 Va. Law Rep. 2661, June 12, 1987

OVERVIEW: Evidence supported instructions on contributory negligence in injured party's suit against alleged tortfeasor. Jury could have inferred from evidence that injured party could have avoided sudden stop if he had maintained safe distance between cars.

Whitestone Young, PC, ...

8. Butler v. Yates, Record No. 800930, Supreme Court of Virginia, 222 Va. 550; 281 S.E.2d 905; 1981 Va. LEXIS 342, September 11, 1981

OVERVIEW: The trial court should have resolved any reasonable doubt as to the sufficiency of the evidence in the injured individual's favor where the sufficiency of the evidence was challenged by the driver's motion to strike in the negligence action.

Robert C. Whitestone (Whitestone Young, PC, on brief), ...

9. Ruplenas v. Commonwealth, Record Nos. 800594, 800551, 800910, Supreme Court of Virginia, 221 Va. 972; 275 S.E.2d 628; 1981 Va. LEXIS 236, March 6, 1981

OVERVIEW: A mitigating statute that was effective after defendants' offenses, but before trial and sentencing was not applicable to their offenses because the prosecution did not elect to proceed under that statute and get defendants' consent to do so.

... Robert C. Whitestone (Whitestone Young, PC, on brief), ...

10. Roseborough v. Commonwealth, Record No. 2377-07-4, COURT OF APPEALS OF VIRGINIA, 55 Va. App. 653; 688 S.E.2d 882; 2010 Va. App. LEXIS 127, February 16, 2010, Decided, Review granted by Roseborough v. Commonwealth, 2010 Va. LEXIS 205 (Va., Aug. 3, 2010)Reversed by, Remanded by Roseborough v. Commonwealth, 2011 Va. LEXIS 13 (Va., Jan. 13, 2011)

OVERVIEW: Officer did not need to rely on the implied consent statute, Va. Code Ann. § 18.2-268.2(A), to obtain a breath sample because defendant expressly volunteered to provide the sample before the officer could even mention the provisions of the implied consent statute. Thus, the trial court did not err in admitting the certificate of analysis.

Hunter A. Whitestone (Whitestone Young, PC, ...

11. Roseborough v. Commonwealth, Record No. 2377-07-4, COURT OF APPEALS OF VIRGINIA, 53 Va. App. 451; 672 S.E.2d 917; 2009 Va. App. LEXIS 84, February 24, 2009, Decided, Rehearing granted by, En banc, Stay granted by Roseborough v. Commonwealth, 54 Va. App. 161, 676 S.E.2d 352, 2009 Va. App. LEXIS 271 (2009)Adhered to, On rehearing at, En banc Roseborough v. Commonwealth, 2010 Va. App. LEXIS 127 (Va. Ct. App., Feb. 16, 2010)

OVERVIEW: Even assuming, without deciding, officer did not have statutory authority to arrest defendant, it was not error to admit certificate of analysis into evidence, because implied consent statute, Va. Code Ann. § 18.2-268.2, was not used to obtain breath sample where defendant expressly volunteered to provide sample before officer mentioned statute.

Hunter A. Whitestone (Whitestone Young, PC, ...

12. Commonwealth v. Jackson, Record No. 1081-05-4 , COURT OF APPEALS OF VIRGINIA, 2005 Va. App. LEXIS 423, October 25, 2005, Decided , PURSUANT TO THE APPLICABLE VIRGINIA CODE SECTION THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.

OVERVIEW: Encounter between defendant and police was not consensual and constituted seizure under the Fourth Amendment. After defendant and companion attempted to avoid police officers, three officers pursued them in unmarked police vehicle, and, inter alia, placed defendant's keys atop hood of police vehicle and retained them for duration of encounter.

... appellant.Robert C. Whitestone (Whitestone Young, PC, ...

13. Martin v. Commonwealth, Record No. 1966-04-4 , COURT OF APPEALS OF VIRGINIA, 2005 Va. App. LEXIS 337, September 6, 2005, Decided , PURSUANT TO THE APPLICABLE VIRGINIA CODE SECTION THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. , Affirmed by Martin v. Commonwealth, 2006 Va. LEXIS 64 (Va., June 8, 2006)

OVERVIEW: Former Va. Code Ann. § 18.2-67.10(6)(b) and former Va. Code Ann. § 18.2-67.3(A)(1) were harmonious, neither negated the other, and both retained a substantive meaning consistent with established case law. There was no requirement to show force to prove charges under former Va. Code Ann. § 18.2-67.3(A)(1) where the victim was eight years old.

... J. Cunningham, Jr. (Whitestone Young, PC, P. ...

14. Thomas v. Commonwealth, Record No. 2889-03-4 , COURT OF APPEALS OF VIRGINIA, 45 Va. App. 811; 613 S.E.2d 870; 2005 Va. App. LEXIS 235, June 14, 2005, Decided

... Whitestone Young, PC, ...

15. Thomas v. Commonwealth, Record No. 2889-03-4 , COURT OF APPEALS OF VIRGINIA, 44 Va. App. 741; 607 S.E.2d 738; 2005 Va. App. LEXIS 31, January 25, 2005, Decided , As Corrected January 26, 2009.Rehearing, en banc, granted by Thomas v. Commonwealth, 45 Va. App. 192, 609 S.E.2d 611, 2005 Va. App. LEXIS 89 (2005)Stay lifted by, Adopted by, On rehearing at, En banc Thomas v. Commonwealth, 45 Va. App. 811, 613 S.E.2d 870, 2005 Va. App. LEXIS 235 (Va. Ct. App., 2005)

OVERVIEW: Evidence linking defendant to drug distribution could be considered in determining whether he had a motive to possess a firearm. Admission into evidence of plastic baggies and an officer's expert testimony about their use in drug trade was upheld.

... Whitestone Young, PC, P. ...

16. Commonwealth v. Hooks, Record No. 3383-02-4 , COURT OF APPEALS OF VIRGINIA, 2003 Va. App. LEXIS 329, June 10, 2003, Decided , PURSUANT TO THE APPLICABLE VIRGINIA CODE SECTION THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.

OVERVIEW: Defendant's continued detention after he was issued summonses for traffic violations was not supported by probable cause, and was illegal, and defendant's subsequent inculpatory statements were the fruit of that detention.

... appellant.Robert C. Whitestone (Whitestone Young, PC, on ...

17. Parsons v. Commonwealth, Record No. 2747-98-4, COURT OF APPEALS OF VIRGINIA, 32 Va. App. 576; 529 S.E.2d 810; 2000 Va. App. LEXIS 426, June 13, 2000, Decided

OVERVIEW: A witness's testimony was not hearsay because it was offered to show that the effect of a statement created appellant's belief that appellant's juvenile record had been expunged and that appellant had no prior convictions.

Robert C. Whitestone (Whitestone Young, PC, ...

18. Weaver v. Commonwealth, Record No. 0835-99-4, COURT OF APPEALS OF VIRGINIA, 2000 Va. App. LEXIS 22, January 18, 2000, Decided , PURSUANT TO THE APPLICABLE VIRGINIA CODE SECTION THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.

OVERVIEW: In robbery trial, judge did not err in refusing to instruct jury to disregard certain inadmissible evidence in response to jury's inquiry; jury was properly instructed to rely upon their collective recollection of evidence.

Robert C. Whitestone; Whitestone Young, PC, ...

19. Pike v. Commonwealth, Record No. 0905-96-4, COURT OF APPEALS OF VIRGINIA, 24 Va. App. 373; 482 S.E.2d 839; 1997 Va. App. LEXIS 168, March 25, 1997, Decided

OVERVIEW: Defendant was not entitled to reversal of his conviction for brandishing a firearm, as his brandishing of a shotgun by during a dispute with utility workers who were working on his property was disproportionate to threat posed by the unarmed workers.

(Whitestone Young, PC, on ...

20. Reizakis v. Reizakis, Record No. 2297-93-4, COURT OF APPEALS OF VIRGINIA, 1994 Va. App. LEXIS 681, November 22, 1994, Decided , Pursuant to Code § 17-116.010 this opinion is not designated for publication.

... J. Cunningham, Jr. (Whitestone Young, PC, ...

21. Poling v. Poling, Record No. 0321-94-4, COURT OF APPEALS OF VIRGINIA, 1994 Va. App. LEXIS 594, September 27, 1994, Decided , Pursuant to Code § 17-116.010 this opinion is not designated for publication.

OVERVIEW: Where a wife's expert testified that the stock of her husband's dry cleaning business had significant value, but the husband's expert testified that it was valueless, a determination that the stock had no value was supported and not plainly wrong.

Whitestone Young, PC, on ...

22. Hornberger v. Commonwealth, Record No. 0819-92-4, COURT OF APPEALS OF VIRGINIA, 1994 Va. App. LEXIS 98, March 1, 1994, Decided , Pursuant to Code § 17-116.010 this opinion is not designated for publication.

... Bradley T. Chase; Whitestone Young, PC, ...

23. Holcomb v. Holcomb, Record No. 2069-92-4, COURT OF APPEALS OF VIRGINIA, 1993 Va. App. LEXIS 459, September 28, 1993, Decided , Pursuant to Code § 17-116.010 this opinion is not designated for publication.

OVERVIEW: A wife properly appealed a child support modification order to a circuit court because the case originated there and was transferred to a juvenile court before the juvenile court was designated as a family court.

... J. Cunningham, Jr. (Whitestone Young, PC, ...

24. Driscoll v. Commonwealth, Record No. 0436-90-4, COURT OF APPEALS OF VIRGINIA, 14 Va. App. 449; 417 S.E.2d 312; 1992 Va. App. LEXIS 138; 8 Va. Law Rep. 2971, May 19, 1992, Decided

OVERVIEW: The Commonwealth was not required to raise at trial the trial court's incorrect ruling concerning defendant's habitual offender status in order to raise the issue on appeal because the Commonwealth was not seeking a reversal of the decision.

... F. Buttery, Jr. (Whitestone Young, PC, ...

25. Robertie v. Fairfax, No. 1497-88-4, Court of Appeals of Virginia, 10 Va. App. 400; 392 S.E.2d 503; 1990 Va. App. LEXIS 102; 6 Va. Law Rep. 2446, May 22, 1990, Decided

OVERVIEW: Conviction for refusing to having breath or blood sample taken following arrest for driving in city while intoxicated was proper where jurisdiction was established at site of arrest and refusal, not at location of the declaration before magistrate.

Dickson J. Young (Whitestone Young, PC, ...

26. Potter v. Commonwealth, No. 0888-88-4, Court of Appeals of Virginia, 10 Va. App. 113; 390 S.E.2d 196; 1990 Va. App. LEXIS 47; 6 Va. Law Rep. 1773, March 27, 1990, Decided

OVERVIEW: An 11 months delay in defendant's eligibility to restore his driving privileges was not prejudicial because his inability to drive was related to a prior suspension rather than a delayed filing of an information for habitual offender proceedings.

Robert C. Whitestone (Whitestone Young, PC, ...

27. Mullis v. Commonwealth, No. 0379-85, Court of Appeals of Virginia, 3 Va. App. 564; 351 S.E.2d 919; 1987 Va. App. LEXIS 141; 3 Va. Law Rep. 1567, January 6, 1987, Decided

OVERVIEW: The commonwealth established time, place, opportunity, conduct, and motive for defendant to have murdered her husband, and her efforts to arrange the killing by others. Thus, failure to locate the murder weapon was not fatal to her murder conviction.

... Mackall, Walker & Silver; Whitestone Young, PC, ...

28. Commonwealth v. Allen, Criminal No. FE-2006-663, CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 2007 Va. Cir. LEXIS 100, May 3, 2007, Decided

OVERVIEW: State prosecution was not barred by Va. Code Ann. § 19.2-294 on the basis of a federal prosecution because there was no showing that the acts for which defendant was charged, producing child pornography, also constituted a violation of a federal statute which prohibited possession of child pornography transported in interstate commerce.

Whitestone Young, PC, ...

29. Politi v. United Air Lines, Inc., CL-2006-1272 , CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 72 Va. Cir. 476; 2007 Va. Cir. LEXIS 18, February 12, 2007, Decided

OVERVIEW: Because a notice of a deposition complied with Va. Code Ann. § 8.01-412.3 by clearly stating that the deposition was to be taken before a qualified court reporter and videographer, and because the plaintiff failed to justify the failure to attend the deposition, the defendant was entitled to its costs and fees under Va. Sup. Ct. R. 4:12(d).

... Cunningham, Jr., Esq., Whitestone Young, PC, ...

30. Tyson v. Tyson, Chancery No. 2004-191493 , CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 69 Va. Cir. 92; 2005 Va. Cir. LEXIS 213, September 19, 2005, Decided

OVERVIEW: Because a husband was requesting confidential information from a county agency to help calculate the proper amount of child support payments, the confidentiality of the agency's records was tantamount; therefore, pursuant to Va. Code Ann. §§ 63.2-102, 63.2-104 (2002), the agency's motion to quash the husband's subpoena duces tecum was granted.

... Cunningham, Jr., Esquire, Whitestone Young, PC, PC, ...

31. Shadid v. Estabrooks, Law No. 197965 , CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 61 Va. Cir. 724; 2002 Va. Cir. LEXIS 315, December 12, 2002, Decided

OVERVIEW: Facts did not constitute a clerical error correctable under statute, as plaintiff named the wrong defendant in the caption of the motion for judgment, and the conditions for relation back to the filing of the motion for judgment were not satisfied.

... J. Cunningham, Esquire, Whitestone Young, PC, ...

32. Commonwealth v. Hooks, Criminal No. 102198 , CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 61 Va. Cir. 720; 2002 Va. Cir. LEXIS 312, December 11, 2002, Decided , Affirmed by, Remanded by Commonwealth v. Hooks, 2003 Va. App. LEXIS 329 (Va. Ct. App., June 10, 2003)

OVERVIEW: After a summons was issued, defendant should have been free to go. Where police lacked reasonable suspicion that defendant was acting illegally, his detention was an illegal seizure and any statements had to be suppressed.

Robert C. Whitestone, Esquire, Whitestone Young, PC, ...

33. Heishman, Inc. v. Fox Tv Stations, Law No.: 00-686 , CIRCUIT COURT OF ARLINGTON COUNTY, VIRGINIA, 59 Va. Cir. 325; 2002 Va. Cir. LEXIS 100, August 8, 2002, Decided

OVERVIEW: Trial court had authority to order the payment of a previously awarded payment of attorney's fees by a plaintiff who later nonsuited; further, the court could award attorney's fees for defendant's petition to compel payment of the prior award.

... J. Cunningham, Jr., Whitestone Young, PC, ...

34. Jeffries v. Thaiss, Chancery No. 174854 and Fiduciary No. 67600 , CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 59 Va. Cir. 286; 2002 Va. Cir. LEXIS 239, July 31, 2002, Decided

OVERVIEW: Decedent's will was admitted to probate, where decedent, although impaired, had capacity to agree to it. He was cognizant of his property and how he wanted it disposed of. Lack of understanding of how to avoid Medicaid liens was not test of capacity.

... J. Cunningham, Esquire, Whitestone Young, PC, ...

35. Commonwealth v. Byrd, Criminal No. 99162, CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 2001 Va. Cir. LEXIS 370, May 7, 2001, Decided

OVERVIEW: Defendant's motion to suppress statements made to police and results of field sobriety test at scene of car accident was denied as police procedures were not so intrusive as to exceed permissible bounds of a Terry-type seizure.

...Dickson J. Young, Esquire, Whitestone Young, PC, ...

36. Commonwealth v. Dvorak, Crim. Nos. 33189, 55459, 67912, 68353, CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 1996 Va. Cir. LEXIS 529, September 26, 1996, Decided

OVERVIEW: A court refused to set aside final judgments for bond forfeitures due to insured defendants' failures to appear at trial. The court ordered a refund within 21 days after judgment satisfaction reduced by allowances to the Commonwealth for costs.

Robert C. Whitestone, Esq., Whitestone Young, PC, ...

37. Commonwealth v. Al-Talib, Crim. No. 54111, CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 1996 Va. Cir. LEXIS 533, September 24, 1996, Decided

OVERVIEW: A surety was not entitled to relief from a bond forfeiture because it went to judgment before passage of a law providing a forfeiture would be remitted if a defendant was incarcerated in another state within 12 months after his default.

Robert C. Whitestone, Esq., Whitestone Young, PC, ...

38. LeBlanc v. LeBlanc, Chancery No. 140865, CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 1996 Va. Cir. LEXIS 542, September 9, 1996, Decided

OVERVIEW: The court entered an equitable distribution order of divorce after considering the wife's adultery, the parties' monetary and non-monetary contributions, their negative contributions, and the value of the husband's business interest.

... J. Young, Esquire, Whitestone Young, PC, ...

39. Sowers v. Rowe Showplace, Inc., Law No. 135867, CIRCUIT COURT OF FAIRFAX COUNTY, VIRGINIA, 1995 Va. Cir. LEXIS 1428, September 7, 1995, Decided

OVERVIEW: An employee was not overtime exempt under the Fair Labor Standards Act. She did not regularly direct the work of two or more employees and the employer did not prove that she devoted 60 percent of her hours to executive or administrative functions.

... Cunningham, Jr., Esq., Whitestone Young, PC, ...

40. United States v. Akinfe, No. 06-4983, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 231 Fed. Appx. 297; 2007 U.S. App. LEXIS 16115, May 21, 2007, Submitted, July 6, 2007, Decided, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

OVERVIEW: Defendant's convictions were affirmed as evidence produced at trial, which in part included defendant's fingerprints on bank accounts and his image on camera accessing funds at ATM, was sufficient to demonstrate that defendant defrauded bank under 18 U.S.C.S. § 1344 and committed three counts of aggravated identity theft under 18 U.S.C.S. § 1028A.

Robert C. Whitestone, Whitestone Young, PC, ...

41. United States v. Melinsky, No. 05-4948; No. 05-5040 , UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 208 Fed. Appx. 263; 2006 U.S. App. LEXIS 29692, October 23, 2006, Submitted , December 4, 2006, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Post-conviction relief denied at Melinsky v. United States, 2007 U.S. Dist. LEXIS 70408 (E.D. Va., Sept. 24, 2007)

OVERVIEW: Defendants' conspiracy, bank fraud, and false statements convictions were upheld. There was sufficient evidence to prove that defendants possessed the requisite mens rea for the offenses, and the government did not violate Brady as it was not required to provide information about a defendant's prior conviction, and the material was not exculpatory.

... Virginia; Robert C. Whitestone, Whitestone Young, PC, Fairfax, ...

42. Niblock v. Mercedes Benz Credit Corp., No. 97-1229, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 1998 U.S. App. LEXIS 1185, October 27, 1997, Argued , January 27, 1998, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Reported in Table Case Format at: 1998 U.S. App. LEXIS 4841.

OVERVIEW: Lessee that materially breached settlement agreement was precluded under Virginia law from maintaining an action against the lessor for the lessor's failure to perform.

... Matthew Childs Ackley, Whitestone Young, PC, ...

... Jr., Hunter A. Whitestone, Whitestone Young, PC, ...

43. United States v. Lopez, No. 95-6444, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 1995 U.S. App. LEXIS 21644, July 25, 1995, Submitted , August 10, 1995, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Reported in Table Case Format at: 62 F.3d 1415, 1995 U.S. App. LEXIS 29178.

... Jeffrey David Brown, WHITESTONE , YOUNG & MERRIL, Fairfax, ...

44. United States v. Brawner, No. 92-5729, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 1993 U.S. App. LEXIS 33067, August 30, 1993, Submitted , December 20, 1993, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Reported in Table Case Format at: 14 F.3d 597, 1993 U.S. App. LEXIS 37098. Certiorari Denied April 18, 1994, Reported at: 1994 U.S. LEXIS 2931.

OVERVIEW: In defendant's trial for conspiracy and possession with intent to distribute drugs, his conversations with a former co-conspirator turned government agent were properly admitted to show a past conspiracy with the agent and on-going ones with others.

... Third Year Practice, Whitestone Young, PC, ...

45. Curtis v. Aiken, No. 93-6727, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 1993 U.S. App. LEXIS 24338, August 17, 1993, Submitted , September 21, 1993, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Reported in Table Case Format at: 7 F.3d 222, 1993 U.S. App. LEXIS 32370.

... Frederick W. Hoybach, Whitestone Young, PCL, Fairfax, ...

46. Greenway Inv. General Partnership v. Signet Bank/Maryland, No. 92-1332, No. 92-1497, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 1993 U.S. App. LEXIS 8231, October 28, 1992, Argued , April 9, 1993, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Reported in Table Case Format at 991 F.2d 789, 1993 U.S. App. LEXIS 17282.

OVERVIEW: A bank was not liable for intentional interference with contractual relations and did not violate its duty of good faith when it froze a debtor's account because the bank merely pursued its contractual remedies once the debtor defaulted on a note.

... Joseph Cunningham, Jr., Whitestone Young, PC, ...

47. United States v. Real Property & Premises Known as 4408 Hillside Court, No. 91-2218, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 1992 U.S. App. LEXIS 12546, April 7, 1992, Argued , June 2, 1992, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Reported as Table case at 1992 U.S. App. LEXIS 22131

OVERVIEW: Summary judgment properly entered against an owner in a civil forfeiture proceeding where she refused to be deposed and proposed no accommodation for her Fifth Amendment rights at the relevant time, so her later-filed affidavits were stricken.

ARGUED: Robert Cooper Whitestone, WHITESTONE , YOUNG & MERRIL, Fairfax, ...

48. Richardson v. Kruchko & Fries, No. 91-2251, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 966 F.2d 153; 1992 U.S. App. LEXIS 11849; 140 L.R.R.M. 2527; 121 Lab. Cas. (CCH) P10,184; 7 I.E.R. Cas. (BNA) 915, April 10, 1992, Argued , May 28, 1992, Decided

OVERVIEW: Employee's state-law claims against employer's law firm were preempted by NLRA where employee would have to prove that law firm counseled employer to commit an unfair labor practice in order to maintain her claims against law firm.

... J. Cunningham, Jr., Whitestone Young, PCL, Fairfax, ...

49. Houghton v. Virginia, No. 91-1010, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 1991 U.S. App. LEXIS 26465, August 23, 1991, Submitted , November 7, 1991, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT. , Reported as Table Case at 947 F.2d 941, 1991 U.S. App. LEXIS 30472.

OVERVIEW: A councilman's § 1983 claims were barred by the statute of limitations where he claimed that fellow council members conspired to promote his conviction where he brought the action more than three years after his conviction.

... Todd F. Sanders, Whitestone Young, PC, ...

50. United States v. McCraw, Nos. 89-5412, 89-5420, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 920 F.2d 224; 1990 U.S. App. LEXIS 20820, May 9, 1990, Argued , November 30, 1990, Decided , As Amended December 6, 1990.

OVERVIEW: Denial of informant's motion to suppress evidence obtained in his hotel room was properly reversed because his warrantless arrest in his hotel room violated the Fourth Amendment.

... Todd Francis Sanders, Whitestone Young, PCl, Fairfax, ...

... Brief: Robert C. Whitestone, Whitestone Young, PC, Fairfax, ...

51. Case v. Smith, No. 86-3159, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 831 F.2d 1057; 1987 U.S. App. LEXIS 13845, October 16, 1987, Decided , RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.

... Samuels; Jerry Phillips; Whitestone Young, PC ...

52. Webb v. Blackie's House of Beef, Inc., No. 86-1519, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 811 F.2d 840; 1987 U.S. App. LEXIS 2346, July 18, 1986, Argued , February 20, 1987, Decided

Jerry M. Phillips (Whitestone Young, PC ...

53. Kerr v. Finkbeiner, No. 84-6367, UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 757 F.2d 604; 1985 U.S. App. LEXIS 29769, January 7, 1985, Argued , March 18, 1985

OVERVIEW: The denial of a prisoner's petition for habeas corpus was proper where he failed to show any prejudice arising out of the alleged violation of the Interstate Agreement on Detainers Act.

... Robert C. Whitestone; Whitestone Young, PC ...

54. XO Communs., Inc. v. Terra Telecomms. Corp., Civil No. 02-1578-A , UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 333 F. Supp. 2d 494; 2002 U.S. Dist. LEXIS 27773, November 25, 2002, Decided , November 25, 2002, Filed , Affirmed by XO Communs., Inc. v. Terra Telecomms. Corp., 67 Fed. Appx. 818, 2003 U.S. App. LEXIS 12848 (2003)

OVERVIEW: All the court's decision did was foreclose the judicial forum in favor of the arbitral forum. The means and manner in which the arbitration was resolved was left entirely to the arbitrator, and this result was also grounded in the Federal Arbitration Act's preference for arbitral resolution.

... Robert J. Cunningham,Whitestone Young, PC, ...

55. Heishman, Inc. v. Fox TV Stations, Inc., Civil Action No. 02-262-A, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 217 F. Supp. 2d 690; 2002 U.S. Dist. LEXIS 15547; 30 Media L. Rep. 2213, August 20, 2002, Decided , August 20, 2002, Filed

OVERVIEW: In a defamation suit, an auto dealer failed to show recklessness by a television station in a feature story regarding flood-damaged vehicles. In a standard procedure, none of five station previewers noticed the dealer's name on a license plate frame.

... Robert J. Cunningham, Whitestone Young, PC, ...

56. Angelo v. UNUM Life Ins. Co. of Am., CIVIL ACTION NO. 98-1659-A, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 1998 U.S. Dist. LEXIS 22549, December 18, 1998, Decided

OVERVIEW: Court permitted spouse to amend complaint for benefits governed by Employee Retirement Income Security Act of 1974 in order to state with specificity capacities in which each defendant had acted and was sued.

... Matthew Childs Ackley, Whitestone Young, PC, ...

57. Webb v. Regua Ltd. Partnership, No. 85-0737-A, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA DIVISION, 624 F. Supp. 471; 1985 U.S. Dist. LEXIS 12268, December 30, 1985

... M. Phillips, Esq., Whitestone Young, PC, ...

58. Taco Bell of Am., Inc. v. Commonwealth Transp. Comm'r of Va., Record Number 092465, SUPREME COURT OF VIRGINIA, 2010 Va. LEXIS 131, March 17, 2010, Decided

... General), (Whitestone Young, PC) ...