Latest updates for Virginia Court Of Appeals

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Recent items include:

  • Criminal – Defendant was wrongly convicted of two counts of hit-and-run
  • Criminal – Felony eluding conviction violated Double Jeopardy clause
  • Virginia Appeals Court upholds block on Prince William Digital Gateway project

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valawyersweekly.com /1 week ago

Criminal – Defendant was wrongly convicted of two counts of hit-and-run

Where the defendant was convicted of two counts of hit-and-run based on the same accident, one of the convictions was reversed. The circuit court erred when it found that a […] The...

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valawyersweekly.com /1 week ago

Criminal – Felony eluding conviction violated Double Jeopardy clause

The Virginia court reversed a felony eluding conviction in Botetourt County, ruling it violated double jeopardy after a prior Bedford County conviction. The post Criminal – Felony...

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valawyersweekly.com /1 month ago

Virginia Appeals Court upholds block on Prince William Digital Gateway project

The Virginia Court of Appeals upheld a ruling voiding approvals for the Prince William Digital Gateway data center due to public notice violations. The post Virginia Appeals Court...

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valawyersweekly.com /1 month ago

Criminal – Record shows defendant violated terms of condition

Where the defendant’s pattern of resistance to conditions of probation, selective technology proficiency and failure to seek excused absences was a product of his own conduct, the...

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valawyersweekly.com /1 month ago

Criminal – Full court refuses to rehear Rogers-Singletary error case

Where a member of the court requested a poll for en banc review of a case involving a Rogers-Singletary error, but the poll failed to produce a majority of judges […] The post Crim...

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valawyersweekly.com /1 week ago

Criminal – Denial of continuance wasn’t abuse of discretion

The Albemarle circuit court affirmed denial of continuance and new counsel requests by Ashley Freeman in a criminal appeal from JDR court conviction. The post Criminal – Denial of...

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valawyersweekly.com /1 month ago

In Petersburg case, court clarifies skipping probation counts as ‘absconding’

The Court of Appeals of Virginia affirms that skipping probation counts as absconding, clarifying the legal standard in a Petersburg case. The post In Petersburg case, court clarif...

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valawyersweekly.com /5 days ago

Criminal – Defendant’s request to withdraw guilty plea is denied

Where the defendant pleaded guilty to second-degree murder and another charge, the circuit court did not err in denying his subsequent motion to withdraw that plea. He did not esta...

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valawyersweekly.com /1 month ago

Tort – Court refuses to reverse defamation verdict

Where defendants filed a Rule 59(e) motion after a jury found them liable for defamation, but their motion did not establish any intervening change in controlling law, relied on ev...

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valawyersweekly.com /1 month ago

Supreme Court of Virginia clarifies adoption statute

The Supreme Court of Virginia ruled that a stepmother's adoption can proceed without the biological mother's consent under Va. Code § 63.2-1202. The post Supreme Court of Virginia...

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valawyersweekly.com /1 month ago

Federal appeals court rules against Fairfax County in police shooting

The Fourth Circuit ruled that Fairfax County police officer Joshua Moser may have violated Jeffery Payne’s constitutional rights in a 2022 shooting. The post Federal appeals court...

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valawyersweekly.com /1 month ago

Search & Seizure – Officer didn’t improperly extend traffic stop

The court of appeals of Virginia reversed a ruling that an officer impermissibly extended a traffic stop during a 12-second inquiry about weapons and drugs. The post Search & S...

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valawyersweekly.com /5 days ago

Criminal – District court sufficiently explained resentencing decision

Where a defendant argued his motion for a sentence reduction initiated a plenary resentencing, with its concomitant explanatory rigor, this argument failed. The district court’s re...

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valawyersweekly.com /1 month ago

COA: Whistleblower suit can move forward in part

The Court of Appeals of Virginia ruled that a whistleblower suit can proceed against a supervisor but not the City of Waynesboro due to sovereign immunity. The post COA: Whistleblo...

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valawyersweekly.com /3 weeks ago

Criminal- Driving while DUI conviction is vacated

Where the defendant was convicted of driving a motor vehicle while under the influence of alcohol, after a police officer found him drunk in his vehicle in a hotel parking […] The...

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valawyersweekly.com /2 weeks ago

Appeals court reinstates suit against high school coach, AD

The Court of Appeals of Virginia reinstated a suit against Monticello High School coach and athletic director over a heat injury sustained by a soccer player. The post Appeals cour...

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valawyersweekly.com /2 weeks ago

Appeals – Waiver in plea agreement forecloses most arguments on appeal

The 4th Circuit affirmed in part and dismissed in part an appeal based on the appeal waiver in Ceara Smith's plea agreement in EDVA. The post Appeals – Waiver in plea agreement for...

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valawyersweekly.com /2 days ago

Massachusetts court upholds retaliation verdict

The Massachusetts Supreme Judicial Court has upheld a $1.31 million retaliation verdict, ruling that flawed jury instructions in the case did not warrant a new trial. The decision...

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valawyersweekly.com /1 month ago

Criminal – Man convicted for role in robbery that ends in murder

Joshua Maurice Cousins conviction affirmed for second-degree principal role in robbery and murder in Chesterfield County, Virginia. The post Criminal – Man convicted for role in ro...

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valawyersweekly.com /2 weeks ago

Appeals – Appellant’s informal brief forfeited appellate review

Tremel Marquis Rosser forfeited appellate review by failing to challenge district court dismissals in his informal brief in the 4th Circuit EDVA. The post Appeals – Appellant’s inf...

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baconsrebellion.com /1 month ago

Virginia Supremes Deny Emergency Appeal to Certify Gerrymander

by Scott Dreyer On April 28, the State Supreme Court rejected an emergency appeal from Attorney General Jay Jones to certify the ballots from the April 21 yes/no gerrymandering ele...

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valawyersweekly.com /1 month ago

Evidence – Court didn’t err in admitting unavailable witness’s testimony

Where the Commonwealth exercised due diligence in its attempts to procure a man’s live testimony for trial, the trial court did not err in ruling him unavailable, and admitting his...

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valawyersweekly.com /3 weeks ago

Criminal- Evidence supports arson conviction

Virginia court affirms Christian Thomas Perry's convictions for multiple counts of indecent liberties, rejecting double jeopardy claims based on continuous transaction theory. The...

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valawyersweekly.com /1 month ago

Employment – District court wrongly dismissed casino employee’s FMLA/USERRA suit

Where an employee sued a casino for violating federal employment laws, the district court erred when it found a Tribe was a necessary and indispensable party to this litigation. Ev...

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Sources covering Virginia Court Of Appeals

valawyersweekly.com

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baconsrebellion.com

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