Although the U.S. Supreme Court has held that the Fourth Amendment’s automobile exception does not permit a police officer who lacks a warrant or an invitation to enter a home’s curtilage to search a parked vehicle, evidence seized under those ...

Tagged with: Justice D. Arthur Kelsey Search & Seizure 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 a hearing officer determined an inmate violated prison regulations after he tested positive for opiates, his request for a chain-of-custody report, an access log for the drug test results and a list of his current medications was properly denied. ...

Tagged with: Civil Rights Justice D. Arthur Kelsey 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

The court will grant a petition for a writ of actual innocence based on biological evidence after considering records and evidence from the original trial, newly discovered DNA evidence and additional factual proffers from petitioner and the Commonwealth. Overview Scott ...

Tagged with: Criminal Justice S. Bernard Goodwyn 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

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 ...

Tagged with: Criminal Justice William C. Mims 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