The latest news and cases from the Supreme Court of Virginia
">An invalid order, but no standing to challenge it Posted in Civil Cases, Supreme Court Opinions on Sep 17th, 2010
What happens when a judge without authority to hear an ex parte petition grants it anyway and no party has standing to object to it? You have what a concurring justice calls “a procedural Gordian knot.” The knot was tied when The Wall Street Journal attempted to enter the market to publish legal advertising in [...]
">Old lab report procedure invalid under Melendez, court holds Posted in Criminal Cases, Supreme Court Opinions on Sep 16th, 2010
Following the U.S. Supreme Court’s holding in Melendez-Diaz, the Supreme Court of Virginia has acknowledged Virginia’s former procedure for admission of lab reports in criminal trials failed to safeguard a defendant’s rights under the Confrontation Clause. The decision today in Cypress v. Commonwealth (VLW 010-6-083) means a new trial for one drug defendant, but no [...]
">Kinser to be next chief justice Posted in Justices on Aug 31st, 2010
The Supreme Court of Virginia today selected Justice Cynthia D. Kinser to be the first woman to serve as chief justice of the court. Kinser is third in seniority on the court to the current chief, Leroy Rountree Hassell Sr., and Justice Lawrence L. Koontz Jr. Hassell will step down on Jan. 31 after eight [...]
">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 [...]
">Child-restraint law no bar to common law negligence claim Posted in Civil Cases, Supreme Court Opinions on Jun 10th, 2010
A state law that says it is not negligent to fail to restrain a child in a vehicle does not abrogate the common law duty to protect the child, a divided Supreme Court of Virginia holds today. Four-year-old Hannah Leigh Evans was seriously injured in a head-on collision after her father put her in a [...]
