Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

Tagged with: Justice Cleo E. Powell Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

The Supreme Court of Virginia offers a tutorial on Batson challenges to jury strikes while affirming a first-degree murder conviction in a case decided last month. The justices split 5-2 on whether a prosecutor’s race-neutral explanation for striking a juror ...

Tagged with: Justice Cleo E. Powell Justice D. Arthur Kelsey Supreme Court of Virginia News

Lawyers need to choose their medical experts with care. That’s a key lesson from a new Supreme Court of Virginia decision, one lawyer said. The justices refused to overturn a patient’s verdict even though the jury was told that a ...

Tagged with: Chief Justice Donald W. Lemons Justice Cleo E. Powell Justice Stephen R. McCullough Legal Experts Supreme Court of Virginia News

Where counsel made a Batson challenge after the Commonwealth used a peremptory strike to excuse an African-American juror from defendant Bethea’s retrial on a first-degree murder charge, the lower courts correctly determined the strike was not racially motivated. Defendant’s conviction ...

Tagged with: Criminal Justice Cleo E. Powell Justice D. Arthur Kelsey Supreme Court of Virginia

Even though appellant altered her assignments of error after her appeal petition was granted, the appeal will be heard. The original assignments of error were adequately addressed on brief. As to the merits, the circuit court incorrectly delegated its authority ...

Tagged with: Civil Procedure Justice Cleo E. Powell Supreme Court of Virginia

The circuit court should have set aside a $3 million award in this business dispute because it did not instruct the jury on appellant’s statute of limitations defense. Background Ferguson distributes Trane heating and cooling equipment. Ferguson made a rebate ...

Tagged with: Civil Practice Justice Cleo E. Powell Supreme Court of Virginia

Where defendant did not object when his trial date was moved beyond the statutory five-month speedy trial period, the delay was attributable to defendant and his convictions are affirmed. Background Young was arrested for robbery, held without bond and later ...

Tagged with: Criminal Justice Cleo E. Powell Supreme Court of Virginia

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

Tagged with: Criminal Justice Cleo E. Powell Justice S. Bernard Goodwyn Justice Stephen R. McCullough Justice William C. Mims Supreme Court of Virginia

The Supreme Court of Virginia, by a 4-3 vote, has deferred to a trial judge who allowed a juror to remain trial-eligible, despite the man’s expressed doubts about the fairness of medical malpractice litigation. The decision leaves in place a ...

Tagged with: Chief Justice Donald W. Lemons Judge Joi Jeter-Taylor Justice Cleo E. Powell Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia News

Foreclosure trustees have fiduciary duties that go beyond those enumerated by a deed of trust, the Supreme Court of Virginia has ruled in a split decision, reminding trustees that they must also consider their duty to serve as a neutral ...

Tagged with: Justice Cleo E. Powell Supreme Court of Virginia News Trustees