Justice Charles S. Russell | Virginia Lawyers Weekly

Family law group’s bills are advancing

By Alan Cooper
Published: February 18, 2011
Tags: Domestic Relations, General Assembly, Justice Charles S. Russell, Supreme Court of Virginia News

Three bills backed by the Virginia Family Law Coalition, including one that would overturn a Supreme Court decision from last April, are working their way through the General Assembly with little opposition. The Supreme Court opinion, Gilliam v. McGrady (VLW 010-6-052) dealt with the allocation of debt in equitably distributing a couple’s assets and liabilities. [...]

‘Blue Book’ Value OK for Grand Larceny Charge

By Deborah Elkins
Published: January 19, 2011
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

At defendant’s trial for grand larceny of an automobile under Va. Code § 18.2-95, the commonwealth’s use of the National Automobile Dealer’s Association “blue book” of vehicle values to prove value in excess of $200, as authorized by Code § 8.01-419.1, did not violate defendant’s Sixth Amendment Confrontation Clause right, the Supreme Court of Virginia [...]

DUI Reversed After Invalid Arrest

By Deborah Elkins
Published: January 19, 2011
Tags: Justice Charles S. Russell, Supreme Court of Virginia, Traffic Offenses

The Supreme Court of Virginia reverses a defendant’s DUI conviction because the trial court erred in admitting a certificate of analysis from a blood test after a police officer arrested defendant for a misdemeanor offense not committed in the officer’s presence. Because the applicability of the implied consent law is explicitly limited to situations in [...]

Trial Court Has ‘Inherent Authority’ to Defer

By Deborah Elkins
Published: January 17, 2011
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

A trial court had inherent authority to defer disposition of a defendant’s charge of assaulting an officer, the Supreme Court of Virginia says. In Moreau v. Fuller, we considered whether a court, having taken a criminal case under advisement for deferred disposition, had a ministerial duty, enforceable by mandamus, to enter final judgment in the [...]

Court clears the way for deferred judgment

By Alan Cooper
Published: January 14, 2011
Tags: Alexandria Circuit Court, Criminal, Immigration, Judge Lisa B. Kemler, Justice Charles S. Russell, Justice Donald W. Lemons, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia News

The Supreme Court of Virginia appeared to clear the way Thursday for judges to defer judgment in criminal cases and enter a finding of not guilty even when they find the law and facts sufficient for a finding of guilt. The ruling in Commonwealth v. Hernandez (VLW 011-6-002) stops short of fully endorsing the practice, [...]

Criminal – Grand Larceny From Person – Struggle – Cash-Drawer Currency

By Deborah Elkins
Published: November 10, 2010
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

There was sufficient evidence to convict defendant of robbery for grabbing cash from a convenience store cash register, after struggling with the cashier, but the Supreme Court of Virginia applies the “ends of justice” exception to reverse defendant’s conviction of grand larceny from the person. Testimony of the convenience store cashier and evidence from a [...]

Criminal – Brady Claim – Exculpatory Evidence – Paid CI – Drug Buys

By Deborah Elkins
Published: November 8, 2010
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

A defendant charged with drug distribution could have used information about a confidential informant’s lies about drug buys to undermine the investigation that led to defendant’s prosecution, and the Supreme Court of Virginia says defendant is entitled to a new trial. Prior to defendant’s trial for selling an imitation controlled substance and methamphetamine to a [...]

Criminal – Animal Cruelty – Neglect – Equine Medical Treatment

By Deborah Elkins
Published: November 8, 2010
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

The owner of a farm for homeless horses who failed to get emergency veterinary treatment for a horse that was emaciated and dehydrated, and that had been down for two days, can be misdemeanor animal cruelty conviction, the Supreme Court of Virginia holds. We agree there was ample evidence to support a finding that defendant [...]

Civil Procedure – Jurisdiction – Standing – Legal Notice Publication

By Deborah Elkins
Published: September 22, 2010
Tags: Civil Procedure, Justice Charles S. Russell, Supreme Court of Virginia

A circuit court did not have subject matter jurisdiction to determine whether a newspaper meets the requirements of Va. Code § 8.01-324(A) for the publication of legal notices and to enter an ex parte order ruling on that subject, the Supreme Court says. This appeal also raises the question whether another newspaper has standing to [...]

Attorneys – Legal Malpractice – Limitations – 1986 PSA

By Deborah Elkins
Published: September 21, 2010
Tags: Attorneys, Justice Charles S. Russell, Supreme Court of Virginia

Although a wife did not realize damages from a 1985 property settlement agreement’s bare reference to her receipt of “survivor’s benefits from the husband’s retirement pay” until 2006 when she was denied survivor’s benefits from two federal pensions, her 2009 legal malpractice action came too late, the Supreme Court says. The circuit court held the [...]

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