Supreme Court hears lawyer-blogger’s appeal

Judicial selection meets number crunching

By Deborah Elkins
Published: May 23, 2013
Tags: General Assembly, Judgeships, Justice Cynthia D. Kinser, Supreme Court of Virginia News

When the General Assembly convenes in 2014, the political horse-trading over who gets what judges will have a new data-backed dimension. The process will be informed by the weighted caseload study currently being conducted by the National Center for State Courts, whose report is due to legislators on Nov. 15. Members of the Judicial Council, [...]

Chief justice makes plea for filling judgeships

By Peter Vieth
Published: May 15, 2013
Tags: General Assembly, Gov. Bob McDonnell, Judgeships, Justice Cynthia D. Kinser

ROANOKE – The head of Virginia’s court system is raising the volume on her call for more money from the state government. “The time has arrived to fund and fill all vacant judgeships,” proclaimed Virginia Supreme Court Chief Justice Cynthia D. Kinser in her state of the judiciary speech May 14. Kinser said the administration [...]

Rehearing petition may work, says court

By Peter Vieth
Published: April 30, 2013
Tags: Bar Associations, Judge Teresa M. Chafin, Justice Cynthia D. Kinser, Justice Elizabeth A. McClanahan, Virginia State Bar

ABINGDON – If the Supreme Court of Virginia denies your client’s petition for appeal, take a serious look at a second try, members of the high court said at an April 26 “town hall meeting” on appellate practice. Chief Justice Cynthia D. Kinser, joined fellow Justice Elizabeth A. McClanahan and Court of Appeals Judge Teresa [...]

E-filing market open with new app

By Peter Vieth
Published: April 24, 2013
Tags: Accomack County Circuit Court, Arlington County Circuit Court, E-filing, Justice Cynthia D. Kinser, Norfolk Circuit Court, Petersburg Circuit Court, Scott County Circuit Court, Supreme Court of Virginia News, Virginia Beach Circuit Court, Wise County Circuit Court

After years of delay and planning, a Virginia Supreme Court-designed electronic filing system is finally rolling out this month, as other courts cautiously dip toes in the water by using private vendors to provide the interface between the courthouse and users. The court’s launch of its own e-filing system puts the court in competition with [...]

Habeas Petition, Direct Appeal Can Co-Exist

By Deborah Elkins
Published: April 23, 2013
Tags: Criminal, Justice Cynthia D. Kinser, Supreme Court of Virginia

A petition for a writ of habeas corpus and a direct appeal of larceny convictions can proceed simultaneously in the Supreme Court of Virginia, and that court dismisses this petition alleging ineffective assistance of counsel as petitioner has not shown that, but for his counsel’s alleged errors, the outcome of his trial would have been [...]

Chief Justice Kinser knows both sides of mentoring

By Deborah Elkins
Published: April 8, 2013
Tags: Bar Associations, Justice Cynthia D. Kinser

As the General Assembly worked to fill vacant judgeships on April 3, Chief Justice Cynthia D. Kinser reflected on her own election to the Supreme Court of Virginia. Kinser joined the Metro Richmond Women’s Bar Association to celebrate the bar group’s highly successful mentoring program. Responding to an audience member’s question, Kinser reported being conflicted [...]

Permit Denial Upheld for Waterside Bars

By Deborah Elkins
Published: March 13, 2013
Tags: Justice Cynthia D. Kinser, Supreme Court of Virginia, Zoning

Two bars that operated in Norfolk’s Waterside Festival Marketplace lose their challenge to the city council’s revocation of a blanket special exception and denial of their individual applications to continue their operations; the Supreme Court of Virginia affirms judgment for the city, holding that the bars did not have vested rights and were not denied [...]

Expungement OK for Marijuana Charge Amended to ‘Reckless’

By Deborah Elkins
Published: January 15, 2013
Tags: Criminal, Justice Cynthia D. Kinser, Supreme Court of Virginia

A woman may petition for expungement of a marijuana possession charge because that charge was “otherwise dismissed” under Va. Code § 19.2-392.2(A)(2) when the commonwealth amended the charge to reckless driving, and the Supreme Court of Virginia reverses the circuit court’s denial of the requested expungement and remands for an order of expungement under Code [...]

Plaintiff Gets One Bite at Asbestos Apple

By Deborah Elkins
Published: January 15, 2013
Tags: Justice Cynthia D. Kinser, Negligence, Supreme Court of Virginia

Because a plaintiff who was diagnosed in 1988 with asbestosis and filed a personal injury suit in 1990, that was voluntarily dismissed in 2010, his widow is barred from filing a 2010 wrongful death suit based on his 2008 diagnosis with mesothelioma; on a question certified by the 3rd U.S. Circuit Court of Appeals, the [...]