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Commonwealth v. T.J.W., 114 A.3d 1098 (Pa. Super. 2015).

Virginia McMichael successfully represented the appellee in a criminal appeal from an interlocutory order requiring the complainant to produce mental health records for in camera inspection by the court to determine whether they were privileged under 42 Pa. § 5944.

McMichael argued that the documents were essential to the defense because they could contain exculpatory material. She further argued that complainant’s counsel waived the privilege when he agreed to a stipulated order requiring production.

The Superior Court affirmed the trial court and remanded for further proceedings.

Fraud in government procurement

McMichael was part of a team that represented a defense contractor in a criminal action in federal court alleging fraud and overbilling of a federal contract. The case led to a $15 million settlement with the government, which at the time was the largest settlement ever of a defense contract fraud case.

Habeas corpus

Virginia McMichael successfully opposed a petition for habeas corpus filed by a defendant sanctioned for criminal contempt for absconding with the funds of an incapacitated person.

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