Residents Had No Standing to Challenge Pipeline 
By Deborah Elkins
Published: April 25, 2011
Tags: Administrative, Justice Elizabeth B. Lacy, Supreme Court of Virginia
The Virginia Supreme Court says the Court of Appeals erred in holding that a group of Virginia Beach residents had standing to challenge a decision of the Virginia Marine Resources Commission approving a city project to install a stormwater outfall pipeline in, on and over state-owned bottomlands located ocean ward of 61st Street in Virginia [...]
Untimely Transcript, But No Dismissal
By Deborah Elkins
Published: March 9, 2011
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
In this appeal of a defendant’s convictions of conspiracy, firearm use and sexual offenses the failure to timely file a transcript of a suppression hearing did not deprive the Court of Appeals of its active jurisdiction to adjudicate the appeal, and the Supreme Court of Virginia affirms the convictions. Not all procedural rules are treated [...]
Sua Sponte Continuance Did Not Toll Speedy Trial Statute
By Virginia Lawyers Weekly
Published: March 9, 2011
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
The tolling provisions of Virginia’s speedy trial statute, Va. Code 19.2-243, did not apply to a trial court order entered sua sponte continuing defendant’s trial date, the Supreme Court of Virginia holds. Defendant argues that because no express language in the speedy trial statute addresses court-initiated continuances, the statute’s tolling provisions do not apply and, [...]
Recusal can be a touchy moment for a lawyer
By Alan Cooper
Published: February 28, 2011
Tags: Colonial Heights Circuit Court, Fairfax County Circuit Court, General District Courts, Henrico County Circuit Court, Judge Jane Marum Roush, Judge Lee A. Harris Jr., Judge Timothy J. Hauler, Judge William N. Alexander II, Justice Elizabeth B. Lacy, Justice S. Bernard Goodwyn, Supreme Court of Virginia News, Virginia Court of Appeals News
It can be a ticklish and touchy moment for a lawyer: the judge in a case has a conflict and needs to pass the file to a colleague. But whether, and how, to ask a judge to recuse herself can be a major source of heartburn. As it turns out, judges are much more likely [...]
Kinser formally installed as high court’s new chief
By Alan Cooper
Published: February 17, 2011
Tags: Gov. Bob McDonnell, Justice Cynthia D. Kinser, Justice Donald W. Lemons, Justice Elizabeth B. Lacy, Supreme Court of Virginia News
Cynthia Dinah Fannon Kinser was formally invested yesterday as Virginia’s first woman chief justice and only the 25th person to hold that position in the long history of the commonwealth. With family, friends and much of the state’s political elite in front of her, Kinser said, “When I first became a lawyer many years ago, [...]
No Parental Notice for Juvenile Transfer Hearing
By Deborah Elkins
Published: January 19, 2011
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
The Supreme Court of Virginia affirms a defendant’s convictions of malicious wounding and related charges arising from attacks on two separate women; defendant has cited no controlling legal authority providing that a juvenile has a due process right to have his parent or guardian notified of the pendency of non-adjudicatory proceedings in juvenile court. We [...]
Snow Tubing Ride is Regulated ‘Amusement Device’
By Deborah Elkins
Published: January 19, 2011
Tags: Justice Elizabeth B. Lacy, Negligence, Supreme Court of Virginia
A snow tubing ride operated by Great Eastern at the Massanutten Resort is an “amusement device” under the Virginia Amusement Device Regulations, and the Supreme Court of Virginia reverses the contrary trial court decision and remands a personal injury suit filed by a plaintiff who was injured on the ride. The circuit court concluded the [...]
Criminal – Venue – Credit Card Fraud – Identity Theft
By Deborah Elkins
Published: November 8, 2010
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
A defendant who traveled from New York City with his cousin and checked into an Alexandria motel, and then went on a 24-hour crime spree using credit cards belonging to others to make a number of purchases in Alexandria and in Fairfax and Arlington counties, has his convictions for credit card theft in Arlington County [...]
Criminal – Drug Possession – Sufficiency
By Deborah Elkins
Published: November 8, 2010
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
In a 4-3 split, the Supreme Court of Virginia reverses a cocaine possession conviction; the commonwealth failed to prove that the “very portable” cooler that contained the drugs belonged to defendant, in whose bedroom the cooler was discovered. In this case, defendant was not in the house or the bedroom when the cooler containing the [...]
Negligence – Firehouse Pole – Firefighter Injury – Statute Of Repose
By Deborah Elkins
Published: September 22, 2010
Tags: Justice Elizabeth B. Lacy, Negligence, Supreme Court of Virginia
A firefighter cannot sue for personal injuries suffered when a firehouse pole platform, installed in January 1999, collapsed in 2006, as the steel platform and pole are “ordinary building materials,” not “equipment, machinery or other article,” and the Supreme Court says the firefighter’s suit was not filed within the five-year statute of repose under Va. [...]
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