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

Where several financial funds sued in Virginia, claiming that a trustee bank failed to pursue litigation in New York to protect the funds’ interests, the circuit court correctly denied the bank’s motion to dismiss based on forum non conveniens. The ...

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

The circuit court correctly refused to characterize plaintiff as a subsurety who could seek contribution from other cosureties for payment of a loan. Background Elliot leased property from Waller Callison to operate a car dealership, Elliot Chevrolet. Under the five-year ...

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

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