The latest news and cases from the Supreme Court of Virginia
">Obscenity conviction reversed Posted in Criminal Cases, Supreme Court Opinions on Aug 13th, 2010
Kevin Lamont Newby got no points for subtlety in his proposition to the female anchor of a Hampton Roads television station. He mailed 15 photographs of himself in varying states of undress, including full frontal nudity, to the woman at WVEC-TV. The package containing the photos went first to the station’s office in Hampton and [...]
">Supreme Court grants 20 appeals Posted in Civil Cases, Criminal Cases, Writs Granted on Aug 6th, 2010
Insurance coverage disputes are among the 20 cases, about half of them criminal, for which the Supreme Court of Virginia has recently granted petitions for appeal. One of the coverage cases, The AES Corp. v. Steadfast Insurance Corp., Record No. 100764, is from Arlington and stems from a California case filed by Native Americans in [...]
">What are you packing? Posted in Criminal Cases, Writs Granted on Jul 13th, 2010
The Supreme Court of Virginia is taking aim at the issue of whether a robber can be convicted of use of a firearm without evidence of a real gun. In March, the Court of Appeals overruled a 1995 decision holding that an object the victim reasonably believed to be a firearm could never constitute a [...]
">Supreme Court grants 14 appeals Posted in Civil Cases, Criminal Cases, Writs Granted on Jun 15th, 2010
Two statute of limitations cases, one involving an allegation of legal malpractice, are among the 14 granted appeals the Supreme Court of Virginia has posted on its Web site this month. The SOL cases are Laura Anna Head Kelley v. Pirsch & Associates PLLC (100446), which raises the issue of whether the three-year statute for [...]
">Supreme Court grants 6 civil, 3 criminal appeals Posted in Civil Cases, Criminal Cases, Writs Granted on May 26th, 2010
Among the appeals granted recently by the Supreme Court of Virginia is a contention that a Fairfax County Circuit judge erred in allowing a corporate defendant to assert repudiation as a defense to its former president’s breach of contract claim, Robert P. Bennett v. Sage Payment Solutions Inc., Record No. 100199. The president submitted a [...]
">Insanity finding not appealed properly Posted in Appeals Dismissed, Civil Cases, Criminal Cases, Unpublished Orders on May 7th, 2010
What do you do on appeal after your criminal trial has been converted to a civil proceeding? The Supreme Court of Virginia left that question open today in an unpublished order dismissing an appeal because the assignment of error challenged a holding in a criminal aspect of the case, Martinez v. Commonwealth, Record No. 092111. [...]
">Supreme Court to hear continuous treatment rule case Posted in Civil Cases, Criminal Cases, Writs Granted on Apr 20th, 2010
The Supreme Court of Virginia will hear the appeal of a woman who contends that a judge in Richmond erred in holding that the continuous treatment rule did not toll the statute of limitations in a medical malpractice case. The case is Alyssa Chalifoux v. Radiology Associates of Richmond Inc., Record No. 100052. The Supreme [...]
">Ad damnum, DUI cases decided by order Posted in Civil Cases, Criminal Cases, Unpublished Orders on Feb 19th, 2010
The Supreme Court of Virginia issued two unpublished orders today, one reaffirming the rule that you can’t get more than you sue for and the second holding that the fourth-offense drunken driving statute permits both a prison term and a fine. In the ad damnum case, the plaintiff sought “approximately” $50,000 in damages, and the [...]
