Criminal - Murder - Sufficiency - Malice 
Published: September 15, 2008
The Court of Appeals affirms a defendant’s conviction for the murder of his 80-year-old wife with a .38 caliber pistol her son had given her for her protection, despite defendant’s claim at trial that his wife had asked him to shoot her because of her impaired physical condition from congestive heart failure.
We conclude the evidence [...]
Criminal - Sentencing - Victim Impact Statement
Published: September 15, 2008
At defendant’s sentencing for burglary, abduction and firearm use for breaking into his girlfriend’s sister’s home and holding her family at gunpoint for nine hours, in an effort to get them to have the girlfriend bring his daughter to him, the trial court did not err in admitting into evidence the girlfriend’s victim impact statement, [...]
Troubled Bridge Over Water
Published: September 15, 2008
The company that built a series of bridges and constructed the Clarksville bypass segment to widen U.S. 58 wanted to be paid $24 million for a cost overrun.
The Virginia Department of Transportation offered about $27 thousand.
The dispute was so complex it would have clogged the docket in Mecklenburg County. After a two-week trial in Norfolk, [...]
Domestic Relations - Termination Of Parental Rights
Published: September 15, 2008
The Court of Appeals upholds a circuit court’s termination of a mother’s parental rights to her three children, including her seven-year old daughter who had been left unsupervised for several days when she was removed from the home “in deplorable condition” to emergency foster care.
The mother lived with an abusive boyfriend and both had used [...]
Domestic Relations - Equitable Distribution - Business Valuation - Wife’s Drug Use
Published: September 15, 2008
The Court of Appeals upholds an equitable distribution of 35 percent of the marital property to wife, who had written over $100,000 in checks on husband’s business bank accounts in order to buy cocaine, which the trial court held was a negative nonmonetary contribution to the parties’ 20-year marriage.
Although the trial court also heard evidence [...]
Future of Fair Trial Project in jeopardy
Published: September 15, 2008
Critics railed for decades about the inadequacy of pay for attorneys who represent indigent criminal defendants in Virginia.
But little happened until an organization was formed to hire a staff and develop a strategy to change public opinion and win additional money from the General Assembly.
That effort is in jeopardy because grants used to finance the [...]
Downtown Diners and County-Seat Cafes
Published: September 15, 2008
First in an occasional series
There is one in almost every city and town in Virginia — a local lunch counter where lawyers congregate for a quick bite in the middle of the work day.
Often close to a courthouse, these downtown diners and county seat cafes become gathering spots for lawyers looking for a break from [...]
Lawyers in the News
Published: September 15, 2008
Troutman Sanders LLP has added three attorneys to the firm’s trusts & estates practice group in its Tysons Corner office.
Molly F. James joined the firm as a partner. She was previously a partner and head of the trusts and estates practice group of Hogan & Hartson.
James’ practice will focus on estate planning for clients, as [...]
Prosecutors: Ex-CIA official threatens to out agents, programs
Published: September 15, 2008
ALEXANDRIA—A former top CIA official accused of corruption and fraud is threatening to expose the identities of numerous agents and programs as part of his defense, prosecutors said.
In a court filing, prosecutors allege that former CIA executive director Kyle “Dusty’’ Foggo is trying to gum up the works of his trial, scheduled for November, by [...]
Criminal - Assault Upon Officer - Self-Defense Claim
Published: September 15, 2008
A defendant cannot overturn his conviction for assault upon a law enforcement officer on the ground that the trial court erroneously applied a defense of property standard, rather than a defense of person standard, in considering defendant’s claim of self-defense, the Court of Appeals holds.
We conclude the assignment of error need not be addressed. Defendant [...]
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