The owner of a 10-acre tract left landlocked by a 1961 taking of a strip of land to build Interstate 81, who continued to farm his land for the next 45 years by renting a neighboring 18-acre tract, did not ...

Tagged with: Justice Charles S. Russell Real Estate 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 ...

Tagged with: Criminal Justice Charles S. Russell Supreme Court of Virginia

An enlisted seaman, who was part of a Navy crew to pre-commission a nuclear submarine built by defendant shipbuilding company and who allegedly contracted mesothelioma from asbestos exposure, is not barred by the Virginia Workers’ Compensation Act from pursuing a ...

Tagged with: Justice Charles S. Russell Supreme Court of Virginia Workers' Compensation

In the commonwealth’s appeal following remand for an evidentiary hearing on defendant’s claim of ineffective assistance of counsel in failing to allege specific grounds for withdrawing his guilty plea after sentencing, the Supreme Court of Virginia again reverses the trial ...

Tagged with: Criminal Justice Charles S. Russell Supreme Court of Virginia

A widow’s survival action for medical malpractice against Virginia Surgical Associates P.C. (VSA) is saved by the tolling provisions of Va. Code § 8.01-229(E)(3), the Supreme Court of Virginia says; her survival action arises out of the same cause of ...

Tagged with: Justice Charles S. Russell Medical Malpractice Supreme Court of Virginia

A convicted felon who seeks restoration of his gun rights must first obtain an order from the governor removing his political disabilities as a condition precedent to his right to petition the circuit court for restoration of his firearm rights; ...

Tagged with: Criminal Justice Charles S. Russell Supreme Court of Virginia

The Virginia Supreme Court reverses defendant’s conviction of criminal street gang participation in violation of Va. Code § 18.2-46.2(A), for their crime of breaking into the home of an elderly gentleman and shooting him; their other related convictions are unaffected ...

Tagged with: Criminal Justice Charles S. Russell Supreme Court of Virginia

An angry doctor’s “disgusting” emails to his ex-wife were not “obscene” under a Virginia criminal law and his conviction for harassment by computer has been overturned by the Supreme Court of Virginia. Where a Court of Appeals majority rejected a ...

Tagged with: Criminal Judge Edward W. Hanson Jr. Justice Charles S. Russell Justice Donald W. Lemons Justice LeRoy F. Millette Jr. Justice S. Bernard Goodwyn Supreme Court of Virginia News

A man who worked regularly installing residential porch railings, but who accepted a short-term job to complete the roof and siding on an industrial building, will have his average weekly wage set at $48.08, based on the $2,500 pay rate ...

Tagged with: Justice Charles S. Russell Supreme Court of Virginia Workers' Compensation

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 ...

Tagged with: Criminal Justice Charles S. Russell Supreme Court of Virginia