Where the proceedings for defendant’s plea-based convictions of new crimes and his probation revocation had separate record numbers, his failure to list both numbers in his joint appeal was not a jurisdictional defect that justified dismissing the non-listed case. Background ...

Tagged with: Criminal Published Order Supreme Court of Virginia

Where the juvenile and domestic relations court denied appellant’s request to modify a child support order and he appealed to the circuit court but later withdrew it, the JDR court did not lose jurisdiction to modify the support order. Even ...

Tagged with: Domestic Relations Published Order Supreme Court of Virginia

The statute of limitations governing habeas corpus petitions does not violate the Virginia Constitution’s Suspension Clause. Background Petitioner Brown seeks habeas relief from his 1970 murder conviction and the resulting life sentence. In 2016, Brown filed his habeas petition along ...

Tagged with: Criminal Published Order Supreme Court of Virginia

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

Where a federal district court has asked whether Virginia law would apply the collateral source rule in a breach of contract action where an insurer has fully reimbursed the plaintiff for the full amount of damages it sought from the ...

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

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