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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.
Verdicts & Settlements
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
- Motor Vehicle Negligence Woman struck by vehicle loses senses of taste, smell
- Motor Vehicle Negligence – Pedestrian struck by car while in parking lot
- Motor Vehicle Negligence- Driver fractures right leg in tractor-trailer collision
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
Opinion Digests
- Domestic Relations – Court lacks jurisdiction to annul marriage of decedent
- Criminal- Charges dismissed because of Speedy Trial Act
- Criminal- Driving while DUI conviction is vacated
- Criminal- Physical evidence and DNA ties defendant to crime
- Criminal – Evidence supports firearm possession convictions
- Negligence – High-school athlete’s suit against coach and AD is reinstated
- Search & Seizure – Warrant allowed search of vehicle within curtilage
- Real Property- City of Norfolk enjoined from land
- Tort- School officials dodge suit over adult’s assault of minor child
- Criminal- Evidence supports arson conviction
- Damages- Code § 13.1-1041.1 doesn’t allow for seizure of LLC interests
- Criminal- DUI conviction is reinstated
