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

A retired firefighter diagnosed with throat cancer – an occupational disease – was not a “disabled person” prevented from the further performance of his duties and, thus, was not entitled to continuing health insurance coverage. Background Plaintiff Eddie R. Jones Sr. was ...

Tagged with: Administrative Employment Justice S. Bernard Goodwyn Supreme Court of Virginia Workers' Compensation

One expert should have been heard; another was heard but fell short on linking negligence to damages. Those were the rulings from the Supreme Court of Virginia last month in two medical malpractice cases that help define standards for expert ...

Tagged with: Justice Cleo E. Powell Justice S. Bernard Goodwyn Supreme Court of Virginia News

The statutory process for removing elected office-holders requires signatures under penalty of perjury from registered voters numbering at least 10 percent of the number voting in the previous election. Background On May 6, 2016, voters of Montgomery County filed a ...

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