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

The circuit court erred in granting summary judgment against a plaintiff whose only expert as to both standard of care and causation was wrongly excluded. The expert should have been permitted to testify because she met both the knowledge and ...

Tagged with: Evidence Justice S. Bernard Goodwyn Medical Malpractice Negligence Personal Injury Supreme Court of Virginia

A circuit court’s decision was not grounds for res judicata in a separate action, when the earlier matter remained pending on the court’s docket and contained no other language indicating it was a final decision on the merits. Background In ...

Tagged with: Civil Procedure Contract Domestic Relations Family Law Justice S. Bernard Goodwyn Supreme Court of Virginia

Appellant Abdul Cole was arrested for an outstanding warrant; upon arrest, he was also charged for an open container and possession of marijuana. When Alexandria police took Cole to the jail for booking, the booking deputy said that a strip ...

Tagged with: Justice S. Bernard Goodwyn Search & Seizure Supreme Court of Virginia

In rejecting an inmate’s petition to change his name because of his conversion to “the Native American” faith, a circuit court erred by failing to first consider the asserted “good faith” basis for the petition, before reviewing the inmate’s multiple ...

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