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Tag Archives: Justice William C. Mims

Any error in evidence proffer was harmless (access required)

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 ...

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High court, 4-3, approves ‘rehabilitated’ med-mal juror (access required)

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The Supreme Court of Virginia, by a 4-3 vote, has deferred to a trial judge who allowed a juror to remain trial-eligible, despite the man’s expressed doubts about the fairness of medical malpractice litigation. The decision leaves in place a ...

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Evidentiary hearing required for actual innocence claim (access required)

Where defendant petitioned for a writ of actual innocence based on nonbiological evidence, the Court of Appeals abused its discretion by dismissing the petition without ordering an evidentiary hearing. The appeals court concluded defendant did not prove the truth of ...

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Continuance properly denied after counsel was retained (access required)

Defendant was not entitled to a continuance under a statute that provides the court “shall” grant a reasonable continuance when a defendant represented by a court-appointed attorney becomes financially able to retain private counsel. The statute does not confer a ...

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