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Published Order

Mar 8, 2019

Claims against condo directors barred by statute of limitations

A two-year statute of limitations bars a condominium association’s claims that former directors breached fiduciary duties, and conspired to do so, by failing to levy sufficient assessments to maintain reasonable reserve and operating accounts during their tenure. Further, the statute of limitations was not tolled because defendants did not obstruct the association from asserting its […]

Mar 8, 2019

Sanction modified in probate order case

The circuit court correctly sanctioned petitioner because its challenge to an order “was not well grounded in fact and warranted by existing law or a good faith argument” to extend, modify or reverse existing law. But the court’s $20,000 sanction is reduced to $12,480, the amount of attorney’s fees the estate administrator incurred. Background After […]

Mar 3, 2019

Defendant not entitled to drug sentence safety valve

A defendant is not entitled to relief from mandatory three-year minimum sentences for his  convictions of cocaine distribution offenses because the evidence showed he possessed a firearm during the time that controlled buys were made at his home. Overview Under Code § 18.2-248(C), a person guilty of second-offense cocaine distribution may be sentenced to five […]

Feb 15, 2019

Resentencing ordered in felony firearm case

A five-year sentence for using a firearm in the commission of a felony is void ab initio because the applicable statute provides for a three-year sentence. Defendant is entitled to resentencing. Resentencing Custis was convicted of robbery, being felon in possession of a firearm and using a firearm while committing a felony. He received a […]

Jan 19, 2019

No jurisdiction to review competency determination

The Supreme Court of Virginia lacks appellate jurisdiction to review a circuit court’s determination that a defendant found incompetent in 2005 to stand trial on murder charges must continue to receive in-patient treatment in an effort to restore his competency. Although the circuit court said its ruling could be appealed as a civil commitment order, […]

Jun 24, 2018

4th Cir.: Court won’t rehear habeas retroactivity issue

The government was denied rehearing as to a habeas petitioner, previously granted permission to seek relief under the savings clause contained in 28 U.S.C. § 2255. Statement respecting denial (Agee, J.) The issues in this case are of significant national importance and are best considered by the Supreme Court as early as possible. Because the […]

Apr 20, 2018

SCV: Malicious wounding intent shown by violent act itself

A defendant’s intent to maim, disfigure, disable, or kill could be inferred solely from the act of pistol-whipping his victim before stealing the victim’s money. Background On March 4, 2014, Otis White Jr. went to visit Appellee Marquez Perkins’s mother, who he’d known for 35 years. At the time of the visit, he had a […]

Aug 14, 2017

Transgender Student Bathroom Dispute Remanded

In this suit by a transgender boy who challenged his North Carolina high school’s policy requiring students to use bathrooms designated for their biological genders, the 4th Circuit remands this case, on remand from the U.S. Supreme Court, back to the district court for the limited purpose of resolving whether the case has become moot, […]

Jul 17, 2017

Frequent Filer Needs Prefiling Permission

The Supreme Court of Virginia imposes a prefiling injunction against an appellant who has filed and appealed rulings in numerous frivolous lawsuits against service-industry defendants in Northern Virginia; appellant is prohibited from filing any petition for appeal, motion, pleading or other filing without obtaining the services of a practicing Virginia attorney, whose filings would be […]

May 3, 2017

No Jurisdiction After Sentence Commutation

By order dated Feb. 14, 2017, the court directed the parties to address the impact of the president’s commutation of defendant’s life sentence and, in particular, the questions of mootness and jurisdiction. Upon consideration of the responses to the court’s order, the court finds this appeal to be moot. The appeal is dismissed as moot. […]

Dec 28, 2016

Weapons Charge Not Collaterally Estopped

Double jeopardy protection did not preclude the commonwealth from try­ing defendant on a severed charge of possession of a firearm as a convicted felon, despite his acquittal on burglary and grand larceny charges arising from the theft of a large gun safe from his uncle’s home. Considering an appeal from a judg­ment of the Court […]

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