Stock Was Gift to Husband

VSB Disciplinary Actions

By Virginia Lawyers Weekly
Published: January 30, 2012

On Jan. 11, a Virginia State Bar Third District–Section I Subcommittee issued a public admonition to Henry A. Thompson of Waverly for violating professional rules that govern competence and diligence. This discipline was an agreed disposition of misconduct charges against Thompson, according to the VSB. * * * On Jan. 17, a VSB Second District [...]

Raised Chair Injury Compensable

By Deborah Elkins
Published: January 30, 2012
Tags: Judge Rossie D. Alston Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses and remands a majority decision of the commission denying benefits to a correctional officer injured stepping down from a raised chair; the commission applied an inapposite analysis comparing the raised chair to stairs when another case supports that the injury arose out of employment under the unique circumstances of this [...]

Lawrence C. Musgrove Jr.

By Virginia Lawyers Weekly
Published: January 30, 2012

Lawrence C. Musgrove Jr. died Jan. 16 in Roanoke. He was 84. A native of Lynchburg, he served in the Army Air Corps during World War II. He retired as a Major from the Air Force Reserves. After the war, he attended college and law school, graduating from Washington & Lee University with high honors. [...]

Hal J. Bonney Jr.

By Virginia Lawyers Weekly
Published: January 30, 2012

Retired U.S. Bankruptcy Judge Hal J. Bonney Jr., who served on the bench for 25 years, died of cancer on Jan. 22 at his home in Norfolk. He was 82. A native of Norfolk, Judge Bonney earned his B.A. and M.A. degrees from the University of Richmond and his law degree from the Marshall-Wythe School [...]

Uncooperative Mother’s Rights Terminated

By Deborah Elkins
Published: January 30, 2012
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals

The Court of Appeals affirms termination of mother’s parental rights to her two children, ages seven and one-half and six, who are thriving after more than three years in foster care; clear and convincing evidence supports the trial court determination that the children’s best interests are served by terminating mother’s rights. Mother and her husband [...]

Trespasser Violated Ordinance

By Deborah Elkins
Published: January 30, 2012
Tags: Criminal, Judge Randolph A. Beales, Virginia Court of Appeals

Upholding a city ordinance prohibiting early morning trespassing under the Dillon Rule, the Court of Appeals affirms defendant’s conviction as supported by the evidence; defendant’s constitutional challenges are barred for lack of standing and failure assert an as-applied challenge below. Early about 1:00 a.m. one December morning, a police officer responded to a call of [...]

Victims Saw Burglar’s Gun

By Deborah Elkins
Published: January 30, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

Although the commonwealth concedes error in defendant’s conviction for use of a firearm to commit burglary, the Court of Appeals affirms defendant’s jury trial convictions for that offense and burglary; defendant failed to preserve his sufficiency of evidence objection and the ends of justice exception of Rule 5A:18 does not apply when two victims saw [...]

Reversal for Improper Impeachment

By Deborah Elkins
Published: January 30, 2012
Tags: Criminal, Judge Larry G. Elder, Virginia Court of Appeals

On appeal of jury trial convictions for second-degree murder and use of a firearm, the Court of Appeals orders a new trial for trial court error in admitting improper impeachment evidence that defendant purchased the firearm illegally; the error could have influenced the jury’s assessment of defendant’s credibility, critical to his defense. One April evening [...]

Court Rejects License ‘Revocation’ Claim

By Deborah Elkins
Published: January 30, 2012
Tags: Judge William G. Petty, Traffic Offenses, Virginia Court of Appeals

A defendant who was declared a habitual offender in 1993 cannot overturn his 2010 convictions for driving as an HO with a claim that he can’t be convicted under the current version of Va. Code § 46.2-357 because his driver’s license was not actually “revoked” within the meaning of the Code; the Court of Appeals [...]