Where appellant’s Idaho conviction of sexually abusing a child under the age of 16 required him to annually register as a sex offender in that state, he was properly required, based on Code § 9.1-902(F)(ii), to register as a sexually ...

Tagged with: Criminal Published Order Supreme Court of Virginia

The 30-day period in which to appeal a jury’s just compensation award in this condemnation case began to run when the circuit court entered its order confirming the award. The confirmation order is the final order in the case under ...

Tagged with: Published Order Real Property Supreme Court of Virginia

Where a police officer, after fatally wounding a shoplifting suspect, told a store loss-prevention officer, “I need you as a witness. It’s my second one[,]” his voluntary manslaughter conviction is affirmed because he did not challenge the Court of Appeals’ ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where the circuit court sua sponte dismissed plaintiff’s personal injury case with prejudice after counsel informed the court and opposing counsel that he was too ill to appear for trial, the court abused its discretion by denying plaintiff’s motion for ...

Tagged with: Civil Practice Published Order Supreme Court of Virginia

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 ...

Tagged with: Civil Procedure Published Order Supreme Court of Virginia

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 ...

Tagged with: Civil Practice Published Order Supreme Court of Virginia

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 ...

Tagged with: Criminal Published Order Supreme Court of Virginia

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 ...

Tagged with: Criminal Published Order Supreme Court of Virginia

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. ...

Tagged with: Criminal Published Order Supreme Court of Virginia

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Published Order Sentencing