Federal and State Appeals
The attorneys at Rich Rosenthal have decades of experience in representing clients on appeals before state and federal courts in the Commonwealth of Virginia, Maryland, and the District of Columbia. In cases spanning the gamut of subjects from illegal searches and seizures under the Fourth and Fourteenth Amendments, Hart v. Commonwealth, 221 Va. 283, 269 S.E.2d 806 (1980), to the civil rights of immigrants involved in deportation proceedings, Medina v. United States, 92 F. Supp. 2d 545, 2000 U.S. Dist. LEXIS 5610, 21 Immigr. Cas. Rep. A3-236 (E.D. Va. 2000), to charitable immunity of contractors serving religious groups, Nakul Bhatia, et al. v. Mehak, Inc., et al., 262 Va. 544; 551 S.E.2d 358 (2001), to the right to bail on appeal, Michael John Staton v. Commonwealth, 2001 Va. App. LEXIS 673 (Va. Ct. App. 2001), to the inadmissibility of the records, statements, and opinions of witnesses who are not called to testify at trial, United States v. Tran Trong Cuong, 18 F.3d 1132 (4th Cir. 1994), to the right of an accused to represent himself or herself at trial, United States v. Dobson, 753 F.2d 1295 (4th Cir. 1986), to the exclusion of evidence of unrelated crimes allegedly committed by a criminal defendant, Michael John Staton v. Commonwealth, 2002 Va. App. LEXIS 453 (Va. Ct. App. 2002), aff’d (Va. Sup. Ct. 2003), to the standard for proving fraud in connection with the sale of a business, Poth v. Russey, __ F.3d ___, No. 03-1308 (4th Circuit 2004) (per curiam), to the constitutionality of lawless and violent prison conditions, Shrader, et al. v. White, et al., 761 F.2d 975 (4th Cir. 1985), to the use of OSHA violations to prove negligent building conditions, Halterman v. Radisson Hotel Corp., et al., 259 Va. 171, 523 S.E.2d 823 (2000), to the remedies available to a child whose personal injury settlement proceeds were paid to &emdash; and then wasted by &emdash; an unqualified guardian, Reed v. Swank, Inc., 900 F.2d 254 (4th Cir. 1990), our attorneys have been in the forefront of cases that have made new law and reaffirmed bedrock principles.