INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 9 of 13

Cline v. Riley — Court of Appeals opinion, 1099-25-1

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.

- 9 - O’Connors informed Tice of their intent to file a criminal complaint for construction fraud against him. Id. at 6. The O’Connors withheld from the local sheriff’s deputy that Tice had already completed part of the work and that Tice’s attorney had contacted them. Id. at 10. Based on the O’Connors’ information, the sheriff’s deputy swore out a warrant for Tice’s arrest, which was issued by a magistrate, and led to a preliminary hearing. Id. at 6. At the hearing, the general district court granted Tice’s motion to strike the evidence and dismissed the case for a lack of probable cause. Id. at 6-7. Tice instituted a malicious prosecution action against the O’Connors, and the Supreme Court construed the O’Connors’ argument as presenting an “advice of counsel defense” in “attempting to rely on [the previous] determinations as evidence of probable cause.” Id. at 10. After explaining that a defendant must have “made a full, correct and honest disclosure of all material facts” to avail himself of this defense, the Court found that the O’Connors’ defense failed because there was a reasonable question as to whether they withheld material facts from the sheriff’s deputy. Id. at 10-11 (quoting Andrews v. Ring, 266 Va. 311, 322 (2003)). Here, Cline argues that the Court in O’Connor “reject[ed] this ‘superseding act’ supposition” by pointing out the O’Connors’ flawed reliance on the probable cause findings by an advising Commonwealth’s attorney, the prosecuting Commonwealth’s attorney, and the magistrate. Cline emphasizes how these decision makers relied on the incomplete factual recitation by the O’Connors. Cline analogizes the O’Connors’ actions to Officer Riley’s alleged omission of L.C.’s mental health issues and past sexual abuse allegations when swearing out the warrants before the magistrate.
Jump to an indexed page (13 of 13)

Report a privacy or text-extraction issue through publication requests.