The court will grant a petition for a writ of actual innocence based on biological evidence after considering records and evidence from the original trial, newly discovered DNA evidence and additional factual proffers from petitioner and the Commonwealth. Overview Scott ...

Tagged with: Criminal Justice S. Bernard Goodwyn Supreme Court of Virginia

Corporate directors cannot avoid obtaining minority shareholder approval to sell a company by amending its bylaws to redefine a statutory safe harbor provision. The statutory provision is designed to protect minority shareholders when a sale would leave the company without ...

Tagged with: Corporate Justice S. Bernard Goodwyn Supreme Court of Virginia

The circuit court incorrectly ruled that respondent property owners who paid property taxes for more than 15 years acquired a vested right to continue their illegal use of two buildings. Code § 15.2-2307(D) provides that buildings or structures may not ...

Tagged with: Justice S. Bernard Goodwyn Real Property Supreme Court of Virginia

A man with two firearms convictions was required to serve his sentences consecutively, not concurrently, according to the plain language of statute. Background On Aug. 1, 2016, Botkin was indicted by a grand jury for two counts of possession of ...

Tagged with: Criminal Justice S. Bernard Goodwyn Supreme Court of Virginia

A sharply divided Supreme Court of Virginia says those who assume a duty to guard against criminal harm can be liable only if they communicate their undertaking. A four-justice majority of the high court affirmed dismissal of a lawsuit against ...

Tagged with: Chief Justice Donald W. Lemons Judge Pamela S. Baskervill Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Supreme Court of Virginia News

A contract employee who said only that he would “not be opposed” to mediation, but didn’t actually request it, didn’t satisfy a condition precedent for suing. In light of his previous non-suit after months of litigation, the circuit court had ...

Tagged with: Contract Justice S. Bernard Goodwyn Supreme Court of Virginia

A contract employee who said only that he “would not be opposed” to mediation, but didn’t actually request it, didn’t satisfy a condition precedent for suing. In light of his previous non-suit after months of litigation, the circuit court had ...

Tagged with: Contract Employment Justice S. Bernard Goodwyn Supreme Court of Virginia

The petitioner was entitled to “verification” of lawful non-conforming use status for a parcel of property housing junk cars. Although the parcel had at one point been owned by a corporation that attempted to clear the property, evidence showed that ...

Tagged with: Justice S. Bernard Goodwyn Municipal Real Property Supreme Court of Virginia Zoning

Evidence was sufficient to conclude that a Spanish-speaking defendant waived his Miranda rights prior to a police interview. He was given the written warning in Spanish, asked by an interpreter if he understood it, and read it back to officers. Background Detective ...

Tagged with: Constitutional Evidence Fifth Amendment Justice S. Bernard Goodwyn Supreme Court of Virginia

The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State ...

Tagged with: Constitutional Elections Evidence Justice S. Bernard Goodwyn Supreme Court of Virginia