A beneficiary’s declaratory action to determine rights and duties did not violate a trust’s no-contest clause. Background Charles and Theresa Hunter had two children, Chip and Eleanor, and a granddaughter. Charles and Theresa each created trusts naming the children and ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Wills & Trusts

Since ancient times, the wealthy have sought to ensure their assets are distributed the way they intend and to foil any effort by survivors to undermine their estate plans. The practice continues, with wills and trusts using language that revokes ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia News Wills & Trusts

The Court of Appeals correctly affirmed appellant’s conviction under the hit and run statute after determining there was sufficient evidence to show that he failed to satisfy either of the two post-accident reporting requirements. However, the Court of Appeals should ...

Tagged with: Criminal Justice D. Arthur Kelsey Justice Stephen R. McCullough Justice William C. Mims Supreme Court of Virginia

Where appellant and her probation officer agreed to extend her probation indefinitely to let her complete a substance abuse rehab program, and the circuit court so ordered, she cannot attack the order as being void ab initio and thus negating ...

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

Where plaintiffs alleged tort and contract claims arising from defendant’s construction of a home and  post-construction attempts to repair leaks and remediate the resulting mold, the trial court erred by granting defendant’s demurrers and dismissing all claims. Overview The appeal ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

A homeowner association’s seasonal decoration guidelines exceeded its declaration of restrictive covenants and are thus unenforceable. The circuit court’s judgment, which upheld fines imposed against appellant property owners for violating the guidelines, and which awarded attorney fees and costs, is ...

Tagged with: Justice D. Arthur Kelsey Real Estate Supreme Court of Virginia

Defendant’s actions while seated in his car – digging between and beneath the seats and behind him with his hands – gave police a reasonable suspicion that he was reaching for a weapon, which justified removing defendant from his car ...

Tagged with: Criminal Justice D. Arthur Kelsey Justice LeRoy F. Millette Jr. Justice William C. Mims 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

Where the trial court ruled, without hearing any evidence on the matter, that a nursing assistant was within the scope of his employment when he molested and raped an elderly nursing home resident, the trial court erred by removing this ...

Tagged with: Justice D. Arthur Kelsey Justice Stephen R. McCullough Personal Injury Supreme Court of Virginia

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