Civil Procedure – Complaint – Pro Se Litigant – Lawyer Signature – No Virginia License 
By Deborah Elkins
Published: September 21, 2010
Tags: Civil Procedure, Justice Elizabeth B. Lacy, Supreme Court of Virginia
A pro se plaintiff attempting to litigate an auto-accident personal injury case cannot file a complaint signed with his signature, at his direction, by a lawyer licensed to practice in Washington, D.C., but not in Virginia, and the Supreme Court affirms dismissal of the suit. Plaintiff did not personally sign the complaint but asked his [...]
Criminal – Child Pornography – Digital Images – Best Evidence Rule
By Deborah Elkins
Published: June 16, 2010
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
A trial court did not err in admitting into evidence digital video recordings and still images of child pornography reproduced from electronic files on digital video discs copies from hard drives found in defendant’s computer, and the Virginia Supreme Court affirms defendant’s convictions. Defendant objected to admission of the still images and video recordings, arguing [...]
Contract – Construction – Conditions Precedent
By Deborah Elkins
Published: June 16, 2010
Tags: Contract, Justice Elizabeth B. Lacy, Supreme Court of Virginia
In this construction contract dispute between a contractor and the Virginia Department of General Services, the trial court did not err in dismissing the contractor’s amended complaint on the ground that compliance with conditions precedent was not adequately pled. The contractor asserts that it sufficiently pled compliance with Section 47 with regard to the filing [...]
Negligence – Moonlighting Officer – Fatal Shooting – Public Function
By Deborah Elkins
Published: April 21, 2010
Tags: Justice Elizabeth B. Lacy, Negligence, Supreme Court of Virginia
Where an off-duty city police officer providing security at an IHOP restaurant followed customers into the parking lot because they had not paid for their food, and then shot and killed one of them as their car sped toward him, he was acting as a police officer and not as a restaurant employee and the [...]
Real Estate – Cemetery – Zoning
By Deborah Elkins
Published: April 21, 2010
Tags: Justice Elizabeth B. Lacy, Real Estate, Supreme Court of Virginia
The Supreme Court of Virginia affirms a trial court holding that a cemetery cannot be established without the burial of a dead body. The ashes of the family patriarch were scattered on a scenic hilltop in 1949, and the family erected a memorial plaque at the site. Over the years, the ashes of other family [...]
Criminal – Plea Agreement – Drug Treatment Court
By Deborah Elkins
Published: March 8, 2010
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
A defendant who said he was terminated from a drug treatment court program because he was “poking fun” at persons working in the program through internet postings, cannot be sentenced to incarceration where he was not present and had no opportunity to participate in the hearing that terminated him from the program, the Supreme Court [...]
Criminal – Burglary – Conspiracy – Plan To Avenge Insult
By Deborah Elkins
Published: January 25, 2010
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia
A defendant who accompanied a woman back to another man’s apartment, at her direction, to “discuss” his calling the woman a “bitch” during an argument, can be convicted of conspiracy and other crimes related to his entry into the apartment armed with a gun and wearing a bulletproof vest, accompanied by a companion with an [...]
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