As the record supported a prisoner’s assertion that his habeas corpus petition was timely filed, the Supreme Court found the circuit court abused its discretion in dismissing the petition. Background On April 11, 2016, Monte Walton filed a petition for ...

Tagged with: Constitutional Supreme Court of Virginia

Prison officials did not violate an inmate’s rights by refusing to serve him a special diet in the month of December. Background Richard Richardson Jr. arrived at Red Onion State Prison in June of 2013. Two years later, he requested ...

Tagged with: Constitutional Judge James P. Jones U.S. District Court - Western District

A group that opposes the use of dogs in medical experiments alleged facts that support its claims the Greater Richmond Transit Authority violated its First and Fourteenth rights by rejecting its advertisements. Background Plaintiff White Coat describes itself as a ...

Tagged with: Constitutional Judge M. Hannah Lauck U.S. District Court - Eastern District

Because petitioner failed to obtain the Fourth Circuit’s authorization to file a successive  habeas petition as required under the Antiterrorism and Effective Death Penalty Act of 1996, the court lacks jurisdiction and the claim must be dismissed. Background Plaintiff has ...

Tagged with: Constitutional Judge Lawrence R. Leonard U.S. District Court - Eastern District

Given evidence that two prison doctors failed to address the plaintiff’s need for approved stoma reversal surgery, summary judgment in their favor on a federal prisoner’s Eighth Amendment claims was not merited. The plaintiff was appointed counsel as to claims ...

Tagged with: Constitutional Judge Robert E. Payne U.S. District Court - Eastern District

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

Tagged with: Constitutional Criminal Judge Glen A. Huff Search & Seizure Traffic Offenses Virginia Court of Appeals

The circuit court did not err in suppressing evidence stemming from an arrest that lacked probable cause. Despite the defendant’s proximity to the house at the time of arrest, the fact that his mother and brother lived there, the fact ...

Tagged with: Constitutional Criminal Judge Robert J. Humphreys Search & Seizure Virginia Court of Appeals

Like the petitioner in Currier v. Virginia, a defendant who voluntarily requested to sever and continue one of the charges against him for strategic reasons could not prevail on his claim that the second trial violated double jeopardy principles, either ...

Tagged with: Constitutional Criminal Fifth Amendment Judge Teresa M. Chafin Virginia Court of Appeals

A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

Tagged with: Business Law Civil Procedure Constitutional Due Process Fifth Amendment Judge Liam O'Grady U.S. District Court - Eastern District

A university did not restrict or chill students’ speech by seeking their response to complaints that they had harassed others. The students, who’d sought and obtained university approval for a campus “Free Speech Event,” met with an official to discuss ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional First Amendment Judge Pamela A. Harris