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.
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.
Virginia McMichael is a caring and empathetic person as well as a very intelligent and hard-working lawyer. She represented me in a difficult and emotionally-charged case with compassion and grace. I am convinced that I won on appeal because I had Virginia as my advocate in the Superior Court.
Virginia recently won an appeal with a published Opinion in the Superior Court of Pennsylvania in a complicated case involving psychological and psychiatric privileges and issues of waiver. She wrote a tremendous Brief and presented a compelling oral argument.