Docket – October 2, 2018

4th U.S. Circuit Court of Appeals

Sierra Club v. U.S. Army Corps of Eng’rs (P), 4th Cir. (per curiam order).

In verifying that Mountain Valley Pipeline can proceed with construction under Clean Water Act Nationwide Permit 12, rather than under an individual permit, the U.S. Army Corps of Engineers lacked authority to substitute a “dry cut” river-crossing requirement for West Virginia’s 72-hour temporal restriction. The court’s reasoning will be explained more fully in a forthcoming opinion.

The Corps’s verification of the Pipeline’s compliance with Nationwide Permit 12 is vacated in its entirety.

Virginia Court of Appeals

Jones v. Commonwealth (U), CAV (Clements) from Petersburg (Martin).

Evidence was insufficient to sustain the defendant’s conviction for use of a firearm and for attempted robbery. Police saw the defendant put on a hooded sweatshirt and follow another man into an alley, but there was no evidence that the planned robbery was imminent or that the intended victim lived in the area of the alley. The evidence showed only some possible preparation for the intended crime, rather than any overt act.

Convictions reversed and dismissed.

Chung v. Chung (U), CAV (AtLee) from Stafford (Sharp).

The circuit court erred in awarding spousal support to a wife. After the wife’s complaint was stricken, it became a nullity. Thus, there was no valid pleading before the court requesting such support, and the court lacked authority to award it.

Wood v. Commonwealth (U), CAV (Malveaux) from Norfolk (Martin).

The defendant’s convictions are affirmed. The jury’s verdict was supported by testimony that wasn’t contradicted by other witnesses for the Commonwealth. Further, text messages sent to the defendant were not inadmissible hearsay and therefore were not admitted in error. The messages were introduced because they demonstrated that the defendant asked an individual to drive past the crime scene, and that person did drive by and reported back to the defendant about conditions at the crime scene, police activity, and the victim’s death. They were not offered “as an assertion to show the truth of the matters asserted therein.”



Categories: Daily Dockets

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