Obituaries « Virginia Lawyers Weekly

Obituaries

By Virginia Lawyers Weekly
Published: January 5, 2009

N. Prentis Smiley Jr.

N. Prentis Smiley Jr., the recently retired circuit judge for York-Poquoson, died Christmas Day after a lengthy battle with cancer. He was 70.

A native of Bristol, Judge Smiley graduated from Lynchburg College and the College of William and Mary law school. He practiced law in York County for 30 years before being appointed to the circuit court bench in 1995.

He is best known for presiding over the extended litigation involving Daryl Atkins, who was sentenced to death in 1998 for his role in the robbery and murder of Langley Airman Eric Nesbitt. The U.S. Supreme Court ruled on appeal that executing the mentally retarded is cruel and unusual punishment and sent the case back to Judge Smiley for a determination of whether Atkins is retarded.

After further proceedings that resulted in another death sentence for Atkins, Judge Smiley in January commuted Atkins’ term to life in prison following allegations of prosecutorial misconduct by the York County commonwealth’s attorney’s office.

Benjamin Hahn, York deputy commonwealth’s attorney, told The Virginia Gazette, “When he entered his final ruling on that, he ruled with his conscience. I know he personally agonized over that case, to try to do the right thing and make the right ruling in a case everybody was watching across the world.”

Survivors include Nita, his wife of 41 years, three stepsons and a stepdaughter and several grandchildren.

E. Carter Nettles Jr.

Edwin Carter Nettles Jr., a lifelong resident of Wakefield and commonwealth’s attorney and county attorney of Sussex County for 32 years, died Dec. 25 at his home. He was 72.

Mr. Nettles opened his office as a sole practitioner in Wakefield in 1961 after graduating from the College of William and Mary and the University of Richmond law school. He retired in 2000 but served as the commissioner of accounts in Sussex from 2004 until this September.

He was active in the Virginia State Bar, including membership on Bar Council from 1967 to 1975 and on the board of governors of the environmental law and criminal law sections. He was a member of the Association of Local Government Attorneys and a member and fellow of the Virginia Law Foundation.

His many civic activities in Sussex included being chairman of the Wakefield Shad Planking and master of ceremonies and keeper of the secret “Shad Sauce” of the Wakefield Shad Planking Committee.

Survivors include his wife of 50 years, Kathryn Chappell Nettles, two daughters, a son and a granddaughter.

William S. “Sam” Kerr

Retired Appomattox J&DR Judge William S. “Sam” Kerr died Dec. 29 in Williamsburg. He was 69.

A 1962 graduate of the University of Richmond, he earned his law degree from UR three years later and served as a captain in the Army JAG Corps after law school.

In 1969, he left the military to become a trial lawyer with the Richmond firm then known as McGuire, Woods & Battle. He returned home to Appomattox in 1972.

He was appointed commonwealth’s attorney for Appomattox County, a post he held for 12 years.

He maintained a private law practice from 1984 to 1995, when he was appointed to the Juvenile & Domestic Relations Court for the Tenth Circuit. He retired in 2004.

Survivors include his wife of 12 years, Lola; two daughters, Ann Leigh Kerr and Amy Boyd; and a granddaughter.

Virginia Lawyers Weekly

Obituaries

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