Petitioner’s motion for nonsuit of his writ of actual innocence is denied because such writs are criminal matters to which the nonsuit statute does not apply. Further, the writ, based on results from DNA testing, will be dismissed. The test ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Even though words alone are insufficient provocation to reduce murder to manslaughter, defendant cannot challenge her voluntary manslaughter conviction on this basis because she approved jury instructions that omitted this legal principle, says the Virginia Supreme Court. Defendant waived her ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Where the testator’s will left everything to his niece, his daughter was entitled to a presumption of undue influence but the presumption disappeared once the niece provided sufficient evidence to rebut it. As a result, the burden of persuasion remained ...

Tagged with: Chief Justice Donald W. Lemons Supreme Court of Virginia Wills & Trusts

A man convicted of rape violated the conditions of the suspended portion of his sentence by having contact with underage girls. Background In 2005, Johnson was convicted of rape. The circuit court sentenced Johnson to 30 years’ incarceration with 20 ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

A divided Supreme Court says Virginia will allow a lawsuit against a shipyard over the cancer death of a woman allegedly exposed to asbestos brought home by her shipworker father. The 4-3 decision on Oct. 11 “reshapes tort law” according ...

Tagged with: Chief Justice Donald W. Lemons Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Supreme Court of Virginia News

A divided Supreme Court says Virginia will allow a lawsuit against a shipyard over the cancer death of a woman allegedly exposed to asbestos brought home by her shipworker father. The 4-3 decision on Oct. 11 “reshapes tort law” according ...

Tagged with: Chief Justice Donald W. Lemons Justice LeRoy F. Millette Jr.

A sharply divided Supreme Court of Virginia says those who assume a duty to guard against criminal harm can be liable only if they communicate their undertaking. A four-justice majority of the high court affirmed dismissal of a lawsuit against ...

Tagged with: Chief Justice Donald W. Lemons Judge Pamela S. Baskervill Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Supreme Court of Virginia News

The Supreme Court of Virgnia has adopted proposed criminal discovery rule changes recommended in December by a Virginia State Bar task force. Only minor changes were made in the task force recommendation, according to attorneys who reviewed the court’s order. ...

Tagged with: Chief Justice Donald W. Lemons Judge Robert J. Humphreys Supreme Court of Virginia News

As the Supreme Court of Virginia considers ethical guidance regarding online attorney-client matching services, the leading such business announced last month it was closing its doors. Avvo Legal Services, a key player in the web legal marketplace, said it decided ...

Tagged with: Avvo Chief Justice Donald W. Lemons Supreme Court of Virginia

VIRGINIA BEACH — Virginia’s appellate courts will launch pilot mediation projects for civil cases next year. A study committee recommended in April that the courts give appellate mediation a try. The Supreme Court of Virginia gave the green light in ...

Tagged with: Chief Justice Donald W. Lemons Virginia State Bar