Home (page 212)

Tag Archives: Criminal

Writs granted on arbitration, slayer statute and workers’ comp issues (access required)

The case of a Norfolk judge who refused to enforce an arbitration clause in a nursing home contract is among the more interesting of the first flush of petitions for appeal granted by the Supreme Court of Virginia after its ...

Read More »

Criminal – Plea Agreement – Nolle Prossed Charges (access required)

The Court of Appeals rejects defendant’s claim that the commonwealth violated his due process rights by dishonoring a plea agreement and eliciting testimony at his sentencing hearing on charges that had been nolle prosequied by the commonwealth; defendant’s sentence on ...

Read More »

Criminal – Forfeiture – Substitute Property – Contraband Cigarettes (access required)

In this criminal case for conspiracy to violate the Contraband Cigarette Trafficking Act and for tax evasion and mail fraud, an Abingdon U.S. District Court says it must amend a forfeiture order for defendants’ bank accounts to protect the legal ...

Read More »

Criminal – SVPA – Civil Commitment – Substantial Compliance (access required)

Although the first psychologist who evaluated appellant as a “sexually violent predator” did not satisfy the “treatment” criteria of Va. Code § 37.2-904, the commonwealth promptly substituted a qualified professional for another evaluation and an amended petition and it “substantially ...

Read More »

Criminal – Confrontation Clause – Certificates Of Analysis – DNA Expert – iiiMelendez-Diaziii (access required)

In this rape and robbery case remanded from the U.S. Supreme Court in light of Melendez-Diaz v. Massachusetts, the Supreme Court of Virginia says the commonwealth’s failure to call as witnesses two forensic scientists who played preliminary roles in the ...

Read More »