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Double Death Penalty Upheld

By Deborah Elkins
Published: January 15, 2013
Tags: Criminal, Justice William C. Mims, Supreme Court of Virginia

The Supreme Court of Virginia upholds the capital murder conviction and two death sentences for Mark Lawlor, a former leasing agent for an apartment complex who used a master key to gain access to a woman’s apartment and assaulted and murdered her. We consider whether the circuit court erred when it 1) limited questioning during [...]

Former Tech CEO Keeps $5.3M Award

By Deborah Elkins
Published: January 15, 2013
Tags: Contract, Justice Donald W. Lemons, Supreme Court of Virginia

The Supreme Court of Virginia upholds a $5.3 million jury award to the former CEO of a technology firm on his claims for breach of contract and unjust enrichment after he was moved aside when a major shareholder sought greater control of the board of directors; the trial court did not err in admitting expert [...]

Supreme Court reverses ban on Internet criticism

By Peter Vieth
Published: January 3, 2013
Tags: Constitutional, Defamation, Fairfax County Circuit Court, Judge Thomas A. Fortkort, Supreme Court of Virginia

The Supreme Court of Virginia acted swiftly last month to overturn a lower court’s takedown order directing a disgruntled consumer to remove critical online postings about a contractor. The high court vacated a Dec. 7 order from Fairfax Circuit Judge Thomas A. Fortkort ordering Jane Perez of Fairfax County to delete certain accusations about Dietz [...]

Court Rejects Attack on Sentencing Order

By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Per Curiam Opinion, Supreme Court of Virginia

A defendant cannot overturn revocation of his suspended sentence on the ground that the earlier period of suspension had been improperly extended at a previous sentencing for a probation violation in 1998; the Supreme Court of Virginia affirms the judgment of the Court of Appeals, for the reasons stated in its opinion in Dunham v. [...]

‘Actual Innocence’ Writ Granted in DUI Case

By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

The Supreme Court of Virginia grants a writ of actual innocence to a defendant convicted of felony third offense DUI, holding that an equally divided Court of Appeals, sitting en banc, may not reverse a judgment previously entered by a panel of that court. Defendant Donald Joseph Conley contended he was innocent of the felony [...]

No Narrow Intent in Restrictive Covenant

By Deborah Elkins
Published: November 7, 2012
Tags: Justice William C. Mims, Real Estate, Supreme Court of Virginia

A circuit court did not err in granting a property owner summary judgment to allow subdivision of her four lots into eight smaller lots, rejecting appellee’s claim that the subdivision violated the restrictive covenant against subdivision because it did not comply with the 1997 subdivision ordinance’s requirement that any private street connect to a public [...]

No Double Credit for Two Sentences

By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Justice Donald W. Lemons, Supreme Court of Virginia

A defendant was not entitled to credit toward his Virginia sentence for the period he was detained in a Virginia jail awaiting trial, as a West Virginia prisoner receiving credit toward his West Virginia sentence, the Virginia Supreme Court holds. On Jan. 10, 2010, defendant was found guilty in Frederick County Circuit Court of three [...]

Judge’s Courtroom Visit Not Ethics Violation

By Deborah Elkins
Published: November 7, 2012
Tags: Administrative, Justice Donald W. Lemons, Supreme Court of Virginia

A judge did not violate Virginia judicial canons by appearing in a courtroom to support a close personal friend in a legal proceeding or by texting a court employee during evening hours to obtain a personal phone number, which purportedly related to a political campaign by the judge’s nephew; the Supreme Court of Virginia dismisses [...]

Firearm Sentences Can Run Concurrently

By Deborah Elkins
Published: November 7, 2012
Tags: Criminal, Justice S. Bernard Goodwyn, Supreme Court of Virginia

Reversing the Court of Appeals, the Supreme Court of Virginia holds that multiple sentences for firearm use or display in commission of a felony, imposed pursuant to Va. Code § 18.2-53.1, may be run concurrently. Defendant contends neither the language of the use or display of a firearm statute (Code Va. Code § 18.2-53.1) nor [...]