Virginia Lawyers Weekly VA Lawyers Weekly

Criminal An active sentence for felony eluding was appropriate. Robinson v. Commonwealth, Record No. 1385-21-2, June 7, 2022. CAV (per curiam) From the Circuit Court of Henrico County (Harris). G. Brian Tacey for appellant. Jason S. Miyares, Leanna C. Minix ...

Tagged with: Criminal Virginia Court of Appeals

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David Bernhard Virginia Circuit Courts

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing ...

Tagged with: Domestic Relations Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where two defendants in this four co-defendant jury trial have moved to change venue from Fauquier County, the motions are granted because the existing courtrooms in Fauquier County cannot adequately handle the logistics of conducting the trial. Introduction Four defendants ...

Tagged with: 20th Circuit Court Criminal Judge James E. Plowman Jr. Virginia Circuit Courts

Where a man charged with multiple counts of conspiracy and mail or wire fraud argued the district court erred when it allowed his wife to refuse to testify based upon her Fifth Amendment rights, but the district court’s decision also ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge James A. Wynn Jr.

Where a man alleged that Virginia was constitutionally required to use 2020 U.S. Census data to draw the legislative districts for the 2021 House of Delegates election, but he did not reside in an underrepresented House of Delegates district and ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Robert B. King

Where the district court abstained from a suit challenged West Virginia’s administration of child welfare services because it believed it would interfere with state-court proceedings, that was error. The principles of federalism are not served by abstention and, if plaintiffs ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Henry F. Floyd

Where the plaintiff previously appealed the dismissal of her claims against one defendant but did not appeal the dismissal of her claims against the two remaining defendants, this court reversed the dismissal of the claims against the first defendant, and ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Paul V. Niemeyer

Where the Clean Water Act prohibits a civil action where a state agency has commenced and is diligently prosecuting an action under a state law comparable to the federal scheme for assessing civil penalties, the lawsuit here could proceed although ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Toby Heytens

Where the government argued that the proper venue was the 5th U.S. Circuit Court of Appeals because an asylum applicant was located there when his petition was denied, but the venue statute looks to where the immigration judge, or IJ, ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Julius N. Richardson