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Supreme Court of Virginia backs judge on failure-to-accept-responsibility factor
The Virginia Supreme Court ruled that a judge may consider a defendant’s failure to accept responsibility in a probation revocation sentence without punishing a not-guilty plea.
Criminal: Circuit court did not punish defendant during sentencing
Where the Court of Appeals held that the circuit court effectively punished the defendant for not pleading guilty to his technical probation violations, it erred. The Court of Appeals misinterpreted the circuit court’s statements about the defendant’s failure to accept responsibility for his probation violations.
Supreme Court upholds admissibility of drugs seized from defendant’s underwear
Virginia Supreme Court rules police search of drugs in suspect’s underwear during traffic stop was legal under Fourth Amendment standards.
Search and Seizure: Search of defendant’s underwear wasn’t unlawful
Where an officer retrieved a bag of drugs from the defendant’s underwear, the trial court did not err when it held the search was legally and factually reasonable.
Statutory separation required for divorce
In a case of first impression, the Supreme Court of Virginia held that a couple seeking a no-fault divorce under Va. Code § 20-91(A)(9) was required to show an intent to permanently live separate and apart throughout the statutory separation period.
Domestic Relations: Court resolves dispute over no-fault statute
Where the Court of Appeals held that a party seeking a no-fault divorce under Code § 20-91(A)(9) is not required to show that either party continuously maintained, throughout the statutory period, an intent to separate permanently, and that the intent to permanently separate need only exist at the very beginning of the separation period, it erred. There must be an intent to permanently live separ[...]
Criminal: General Assembly’s 2021 amendments aren’t retroactive
Where a man argued the General Assembly’s 2021 amendments to the probation violation re-sentencing scheme were retroactive, but no explicit or unequivocal language in the 2021 amendments states that they […]
Appeals: Incomplete record dooms appeal
Where a defendant’s principal argument on appeal rested on a document that was not included in the record transmitted to the Court of Appeals, and the defendant’s attorney failed to […]
COA incorrectly reversed conversion verdict
Where appellant left his car with a repair shop and a part owner of the shop filed an online form to initiate the abandoned-vehicle process, eventually obtaining title in his […]
Teacher’s free exercise claim survives demurrer
Where a teacher claims he was discharged for not following, on religious grounds, a directive concerning the use of personal pronouns in reference to a transgender student, the trial court […]
DMAS restitution properly ordered
Where the Virginia Department of Medical Assistance services paid a portion of a stabbing victim’s medical bills, the Court of Appeals erred by reversing the trial court’s order requiring the […]
Lienor entitled to unclaimed surplus of judicial sale
A lienor was entitled to the surplus proceeds of a judicial sale once the city’s delinquent tax lien was satisfied and no other creditors made timely claims, the Supreme Court of Virginia has held, reversing a trial court’s decision.
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Verdicts & Settlements
- Negligence and Tort – E-bike collision leads to neck injury, psoriasis flare
- Motor Vehicle Negligence – ‘Daydreaming’ driver hit plaintiff walking by road
- Motor Vehicle Negligence 92-year-old dies after being hit by vehicle
- Motor Vehicle Negligence – Motorcyclist suffers severe injuries in vehicle accident
- Medical Malpractice – Patient dies after alleged improper medicine admin
Opinion Digests
- Criminal – Doctor convicted of unauthorized distribution of oxycodone
- Tort – Assault and battery claims against postal employee are dismissed
- Immigration – Petitioner failed to connect fear of persecution to PSG
- Civil Procedure – District court won’t revisit three-year old decision
- Bankruptcy – Pro se debtor’s myriad motions and challenges are denied
- Criminal – Firearm possession sentence was not substantively unreasonable
- Appeals – Inmate’s untimely appeal is dismissed
