2009 January 05 | Virginia Lawyers Weekly - Part 3

Criminal – Habeas Corpus – Brady Violation

By Deborah Elkins
Published: January 5, 2009

The en banc 4th U.S. Circuit Court of Appeals affirms a North Carolina defendant’s capital conviction and death sentence for the murder of a woman he picked up at a night club, despite defendant’s claim that the state violated Brady v. Maryland by failing to provide the defense with documents related to an investigation of [...]

Civil Procedure – Removal Jurisdiction – Joined Defendant – Counterclaim

By Deborah Elkins
Published: January 5, 2009

In this case of first impression involving a suit to collect $794 in unpaid cell phone service contract charges, the 4th Circuit holds that a party joined as a defendant to a counterclaim may not remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act [...]

Tazewell County seeks to regulate windmills

By News in Brief
Published: January 5, 2009

BLUEFIELD—Tazewell County officials are crafting an ordinance aimed at regulating the development of windmill projects.
Tazewell County Board of Supervisors member David Anderson says two companies are interested in building windmills on East River Mountain. One is actively pursuing development of up to 60, 400-foot windmills.
Neither company has been identified.
Anderson says the board tentatively plans to [...]

Election legislation to be before 2009 Assembly

By News in Brief
Published: January 5, 2009

Virginia voters would find it easier to avoid long lines on Election Day if legislation submitted for the 2009 General Assembly becomes law.
Three legislators have filed bills to allow early in-person voting in Virginia and two have proposed no-excuse absentee voting.
Under current law, voters must choose from a list of acceptable reasons – a trip [...]

Alexandria cops look to Web for leads in unsolved cases

By News in Brief
Published: January 5, 2009

ALEXANDRIA—Alexandria police are hoping a new Web site will give them leads on unsolved cases.
The police department’s Cold Cases page has details about four of the city’s most trying homicide cases. Police Chief David Baker says officials need to remain optimistic that something will come forward, getting them closer to solving the crimes.
The department also [...]

Bay Foundation finds link between pollution, crab decline

By News in Brief
Published: January 5, 2009

ANNAPOLIS, Md.—A report from the Chesapeake Bay Foundation confirms the link between pollution and the decline of the bay’s blue crab population.
According to the report, algal blooms caused by nitrogen and phosphorous pollution have damaged underwater grass beds that are a key crab habitat. Dead zones in the bay are blamed for killing thousands of [...]

Muslim group sues Henrico over mosque construction

By News in Brief
Published: January 5, 2009

A Muslim group is suing the Henrico County Board of Supervisors for refusing to rezone 3.6 acres to allow construction of a mosque.
The lawsuit in Henrico Circuit Court alleges the board’s action was “arbitrary, capricious and unreasonable.” The group’s lawyer, state Sen. Henry L. Marsh III, D-Richmond, also says it amounts to religious discrimination.
The suit [...]

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 [...]

VSB Disciplinary Actions

By Virginia Lawyers Weekly
Published: January 5, 2009

On Nov. 21, 2008, the Virginia State Bar Disciplinary Board revoked the law license of Brian M. Miller of Fairfax. According to the VSB, Miller admitted that in four cases he had violated professional rules that govern diligence, communication, safekeeping property, declining or terminating representation, bar administration and disciplinary matters and misconduct that reflects adversely [...]

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