Where several financial funds sued in Virginia, claiming that a trustee bank failed to pursue litigation in New York to protect the funds’ interests, the circuit court correctly denied the bank’s motion to dismiss based on forum non conveniens. The ...

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

Although the police were not required to give Miranda warnings to defendant before questioning him while executing a search warrant, the warnings provided were constitutionally sufficient. Facts Defendant Spinner’s father-in-law was a murder victim. Spinner and the victim’s daughter, Tamara, ...

Tagged with: Criminal Justice Charles S. Russell Supreme Court of Virginia

Where defendant was arrested on a rape warrant, and, after a preliminary hearing, the matter was referred to a grand jury, which issued an indictment of rape, second offense, the trial court correctly refused to dismiss the indicted charge after ...

Tagged with: Criminal Supreme Court of Virginia Unpublished Opinion

The Virginia Supreme Court agrees with a three-judge panel’s memorandum order, which determined that respondent-appellant violated Rule 3.3(a)(1) of the Rules of Professional Conduct and that an admonition is the appropriate sanction. In its order, the panel “unanimously found under ...

Tagged with: Attorneys Published Order Supreme Court of Virginia

Where a school board disciplined a student for nonconsensual sexual touching of three other students, the circuit court erred by vacating the board’s decision. The circuit court misapplied governing legal standards and misinterpreted the record of the disciplinary proceedings, rules ...

Tagged with: Constitutional Justice D. Arthur Kelsey Supreme Court of Virginia

A felon lacks standing to move to vacate other felons’ sentences as void ab initio. His reliance on Virginian-Pilot Media v. Dow Jones & Co., 280 Va. 464 (2010) for the proposition that standing is immaterial when attacking a void ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia

A sentence imposed below the statutorily required minimum is voidable, not void ab initio, under existing precedent. The existing precedent was not overruled by either Rawls v. Commonwealth, 278 Va. 213 (2009), or Grafmuller v. Commonwealth, 290 Va. 525 (2015). ...

Tagged with: Criminal Justice William C. Mims Supreme Court of Virginia

An insurer is not liable for a truck driver’s injuries caused by a tire that exploded while the insured party was repairing it because insurance policy unambiguously excluded claims arising from the maintenance of any “auto.” Overview Smith, a truck ...

Tagged with: Contract Published Order Supreme Court of Virginia

Defendant’s arson conviction is affirmed despite his argument that admission of a witness’s written report to a fire marshal was inadmissible hearsay. Any error was harmless in light of the other evidence presented at trial. Background Vaught, a Marine stationed ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Even though defendant did not ask a minor to perform the sexual acts he described in a text message to her, the trial court properly convicted him of violating Code § 18.2-374.3(D), which prohibits using “a communications system … for ...

Tagged with: Criminal Justice Lawrence L. Koontz Jr. Supreme Court of Virginia