A man with two firearms convictions was required to serve his sentences consecutively, not concurrently, according to the plain language of statute. Background On Aug. 1, 2016, Botkin was indicted by a grand jury for two counts of possession of ...

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

A woman convicted of child abuse and neglect successfully argued that the trial judge impermissibly lengthened her sentence by three years. Background Following her conviction for felony child abuse and neglect, a jury fixed a maximum sentence of seven years ...

Tagged with: Criminal Justice Stephen R. McCullough Supreme Court of Virginia

A man convicted of rape violated the conditions of the suspended portion of his sentence by having contact with underage girls. Background In 2005, Johnson was convicted of rape. The circuit court sentenced Johnson to 30 years’ incarceration with 20 ...

Tagged with: Chief Justice Donald W. Lemons Criminal Supreme Court of Virginia

Because nothing in the deed evidenced a contrary intent, the plaintiff had a right to the disputed portion of a road by operation of law. Background This case arises from a boundary dispute between Philip P. Ettinger and Oyster Bay ...

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

Even though a student received in-state tuition rates at a community college, she failed to prove to George Mason University that she was domiciled in Virginia for at least one year. Background Malik applied to George Mason University in September ...

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

A bankruptcy attorney could face a legal malpractice suit over alleged breach of duty in a Chapter 7 case. Background Appellant Marc R. Labgold challenges the circuit court’s judgment dismissing his legal malpractice complaint against appellees Linda D. Regenhardt and ...

Tagged with: Negligence Supreme Court of Virginia

A man convicted of grand larceny failed to prove ineffective assistance of counsel and other errors that would warrant habeas relief. Background Mark Wright was indicted upon several charges including a charge of robbery in violation of Code § 18.2-58. ...

Tagged with: Criminal Supreme Court of Virginia

A patent lawyer’s legal malpractice claim against his bankruptcy lawyer has been revived by the Supreme Court of Virginia, offering some hope of recovery for the patent lawyer after a long series of setbacks, in and out of court. Mark ...

Tagged with: Judge Anthony J. Trenga Supreme Court of Virginia

A woman who washed her father’s asbestos-laden clothes after he returned home after working in a shipyard may sue the shipyard for asbestos exposure. Background Plaintiff alleges that from approximately 1942 to 1977, Wanda Quisenberry’s father, Bennie Plessinger, was employed ...

Tagged with: Justice LeRoy F. Millette Jr. Negligence Supreme Court of Virginia

The totality of the evidence established that an arsonist’s inculpatory statements were knowingly and voluntarily made. Background A jury convicted Nicholas Secret of arson of an occupied dwelling and nine counts of attempted first-degree murder. On appeal, Secret contends the ...

Tagged with: Criminal Justice Elizabeth A. McClanahan Supreme Court of Virginia