Custody order for school enrollment vacated by justices

Remembering Chief Justice Carrico

By Peter Vieth
Published: January 31, 2013
Tags: Justice Harry L. Carrico

For many in Virginia, he was the face of the Supreme Court of Virginia. For years, a generation of lawyers had known no other chief justice. Former Virginia Supreme Court Chief Justice Harry L. Carrico died Jan. 27 in Richmond. He was 96. Justice Carrico was the longest serving justice and chief justice in the [...]

Supreme Court clerkship program celebrates 50 years

By Virginia Lawyers Weekly
Published: July 9, 2012
Tags: Judge James W. Haley Jr., Judge John A. Gibney Jr., Judge Stephen R. McCullough, Justice Harry L. Carrico, Supreme Court of Virginia News

In the beginning there were three. Clerks, that is. Fifty years ago this month, the Supreme Court of Virginia hired its first class of judicial law clerks. And that first class had three members: John Pedigo, law clerk for Justice Harry Carrico; H. Thomas Fennell, who clerked for Justice Lawrence Warren I’Anson; and A. James [...]

DUI Upheld for Key in Ignition

By Deborah Elkins
Published: March 7, 2012
Tags: Justice Harry L. Carrico, Supreme Court of Virginia, Traffic Offenses

In the latest in a series of cases involving an accused found in a drunken condition in a parked vehicle with the keys in the ignition switch, the Supreme Court adds this case to the list of those allowing conviction for DUI under Va. Code § 18.2-266. Defendant is correct that we have not established [...]

Bail Bondsman Needs Va. License for Seizure

By Deborah Elkins
Published: January 18, 2012
Tags: Criminal, Justice Harry L. Carrico, Supreme Court of Virginia

A bail bondsman licensed in another state but not in Virginia does not have authority to enter Virginia and apprehend a fugitive bailee, and the Virginia Supreme Court upholds convictions for attempted abduction and use of a firearm for a North Carolina-licensed bail bondsman who came to Virginia in pursuit of a man wanted in [...]

Conditional Release for SVP Reversed

By Deborah Elkins
Published: September 20, 2011
Tags: Criminal, Justice Harry L. Carrico, Supreme Court of Virginia

A respondent adjudicated as a sexually violent predator, up for his first annual review, has not demonstrated that he no longer needs secure inpatient treatment, and the Supreme Court of Virginia reverses a circuit court’s order granting conditional release. Respondent Derek Bell has been diagnosed with antisocial personality disorder and apparent hebephilia, or sexual attraction [...]

Jury Sentencing Upheld

By Deborah Elkins
Published: March 9, 2011
Tags: Criminal, Justice Harry L. Carrico, Supreme Court of Virginia

In this underage defendant’s prosecution for a gang-related shooting in which he struck a Lynchburg taxicab driver, causing him to crash his car into a tree, the Supreme Court of Virginia says a jury could sentence defendant over his objection. In this criminal appeal, we decide whether a person under age 18 may be sentenced [...]

Key Position Means Driver Was ‘Operating’ Vehicle

By Deborah Elkins
Published: January 19, 2011
Tags: Justice Harry L. Carrico, Supreme Court of Virginia, Traffic Offenses

A defendant discovered passed-out behind the wheel of a vehicle, with the key in the ignition turned to the “on” or “accessory” position, was “operating” the vehicle under Virginia law, and the Supreme Court of Virginia affirms his conviction of DUI, fourth offense within 10 years. We have previously reviewed several driving under the influence [...]

Criminal – Rape – Alford Plea – Treatment During Probation

By Deborah Elkins
Published: November 8, 2010
Tags: Criminal, Justice Harry L. Carrico, Supreme Court of Virginia

A defendant convicted on an Alford plea for the rape of his 12-year-old stepdaughter violated the terms of his probation when he refused to admit his guilt during the course of court-ordered treatment as a sex offender, says the Supreme Court of Virginia. An explicit term of the probation stated that probation would include any [...]

12 Steps, 25 Years: Lawyers Helping Lawyers marks anniversary

By Alan Cooper
Published: October 11, 2010
Tags: Justice Harry L. Carrico, Virginia Bar Association, Virginia State Bar

In its 25 years of serving impaired attorneys, Lawyers Helping Lawyers has reached out to lawyers wherever they can: at home, in the office, even in judges’ chambers. But one longtime supporter says they’ve only touched the “tip of the iceberg.” William D. Dolan III wanted to develop an organization to help lawyers addicted to [...]