Supreme Court of Virginia « Virginia Lawyers Weekly

Suit Barred After Comp Award

By Deborah Elkins
Published: January 19, 2012
Tags: Justice S. Bernard Goodwyn, Supreme Court of Virginia, Workers’ Comp

A wool press operator injured while working for a lawyer’s side business of raising sheep and manufacturing wool cannot sue the lawyer for negligence after collecting workers’ comp benefits from the Uninsured Employers Fund because the wool and sheep operation did not carry workers’ compensation insurance; the Supreme Court of Virginia upholds the circuit court [...]

Circuit Court Can’t Hear Disability Appeal

By Deborah Elkins
Published: January 19, 2012
Tags: Justice William C. Mims, Municipal, Supreme Court of Virginia

In a county that has the urban executive form of government, Va. Code § 51.1-823 does not confer jurisdiction on a circuit court to hear a school board employee’s appeal of a denial of a request for service-connected disability benefits by the board of trustees of a retirement system that is not a police retirement [...]

Detective Comment Not ‘Interrogation’

By Deborah Elkins
Published: January 19, 2012
Tags: Justice William C. Mims, Search & Seizure, Supreme Court of Virginia

Although a detective may have directly addressed defendant, who had asked for a lawyer, when he repeated that a co-defendant had made a statement about deciding to rob a “white lady” and hit her in the head with a brick, the detective’s comments were not the functional equivalent of interrogation, and the Supreme Court of [...]

Appeals Court Can Decide ‘Actual Innocence’

By Deborah Elkins
Published: January 19, 2012
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

In reviewing this petition for a writ of actual innocence based on non-biological evidence, the Court of Appeals did not abuse its discretion by making evidentiary findings and dismissing the petition without first referring the case to the circuit court for an evidentiary hearing, and the Supreme Court of Virginia affirms the dismissal of this [...]

Habeas Petition Not ‘Filed’ Without Payment

By Deborah Elkins
Published: January 19, 2012
Tags: Criminal, Justice Elizabeth A. McClanahan, Supreme Court of Virginia

A habeas petition was not completely filed until petitioner paid the filing fee, and the Virginia Supreme Court affirms the circuit court’s dismissal of the petition when the filing fee was paid days beyond the limitations period.
The last day for appellant to file his habeas petition was Dec. 29, 2008. He submitted his petition to [...]

Sanctions of $272K upheld

By Peter Vieth
Published: January 19, 2012
Tags: Judge Jonathan C. Thacher, Justice Donald W. Lemons, Real Estate, Sanctions, Supreme Court of Virginia

The Supreme Court of Virginia has approved $272,096 in sanctions against a lawyer and his client in a case arising out of a Northern Virginia real estate listing contract. The solo lawyer stung by the decision said the size of the award threatens his legal career.
The high court, in Northern Virginia Real Estate Inc. v. [...]

Officer Could Question Counsel Request

By Deborah Elkins
Published: January 18, 2012
Tags: Criminal, Justice Elizabeth B. Lacy, Supreme Court of Virginia

The Virginia Supreme Court agrees with the Court of Appeals that under the facts of this case, two officers could have reasonably viewed defendant’s statement, “That’s what I want, a lawyer, man” as ambiguous and they were permitted to ask defendant clarifying questions.
Defendant argues that his statement, “That’s what I want, a lawyer, man” was [...]

ID Request Was Consensual Encounter

By Deborah Elkins
Published: January 18, 2012
Tags: Justice Charles S. Russell, Search & Seizure, Supreme Court of Virginia

A deputy’s initial encounter with a man sitting in his vehicle in a rural driveway where police went to serve felony warrants and request for the man’s license was a consensual encounter and police did not violate defendant’s Fourth Amendment rights when they found cocaine in defendant’s pocket after he consented to a search of [...]

Whole Record Review Supports SVP Finding

By Deborah Elkins
Published: January 18, 2012
Tags: Criminal, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia

In a civil commitment of a sexually violent predator under Va. Code § 37.2-900, the
factual determination of whether a respondent is an SVP likely to engage in sexually violent acts is to be based on the totality of the record, including but not limited to expert testimony, and the Supreme Court of Virginia affirms the [...]

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 [...]

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