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Tag Archives: Justice Stephen R. McCullough

SCV: Double jeopardy bars double firearm convictions (access required)

The court of appeals correctly held that convictions for both common-law and statutory involuntary manslaughter under Code § 18.2-154 amounted to unconstitutional double convictions for the same offense. Background A jury convicted Appellee Carroll Gregg of both common law involuntary ...

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Bon Mots: March 2018 Edition

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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SCV: Product redesign proposals must be safer overall (access required)

Although the estate of a plant worker crushed by a lift truck offered a truck redesign that could have prevented that particular worker’s death, there was no evidence that the redesign would lead to fewer total deaths. Thus, the jury’s ...

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SCV: Inmate’s name-change petition properly denied (access required)

The circuit court did not abuse its discretion in denying an incarcerated man’s petition to change his name, following a religious conversion. The court reasoned that the name change was antithetical to his sentencing. Background Appellant Brian Wendell Jordan is ...

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SCV: Speculation on decedent’s reasoning inadmissible (access required)

The daughter and sister of a woman who died due to surgery complications lacked personal knowledge as to whether their mother knew of alternatives to surgery or whether she would have elected such alternatives had she known. Background In 2011, ...

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Exigent circumstances justified search despite defective warrant (access required)

The Supreme Court held that, despite an invalid warrant, officers did not need a warrant to break up an ongoing “meth cook” at Appellee James Campbell’s home. On August 6, 2014, Investigator James Begley received multiple phone calls from a ...

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