Published

Callison v. Glick (P)

The circuit court did not err in refusing to declare a party a subsurety (rather than cosurety) to a loan obligation, holding that a purchase-option contract was enforceable, and declining to explain the meaning of its final order on the… Read More ›

Brown v. Warden (P)

The petition for habeas corpus before this court should be dismissed. In 1970, the petitioner was convicted of the murder of a 4-year-old child. His original death sentence was vacated following Furman v. Georgia, 408 U.S. 238 (1972), and he… Read More ›

Spear v. Omary (P)

The juvenile and domestic relations district court had jurisdiction to modify an award of child support where the plaintiff had earlier withdrawn an appeal from the JDR court to the circuit court. The remand happened automatically by operation of law,… Read More ›

Turner v. Commonwealth (P)

The appellant was required to register as a sex offender in Idaho. Pursuant to Code § 9.1-902(F)(ii), he was required to register as a sexually violent offender in Virginia. When he failed to reregister within the 90-day period, he was… Read More ›

Dwyer v. Town of Culpeper (P)

In this condemnation proceeding, the appellant did not timely appeal from an order distributing funds held by the circuit court. Contrary to the appellant’s argument, language in the court’s order stating that “the Court shall retain jurisdiction” didn’t render that… Read More ›

Rankin v. Commonwealth (P)

After a police officer fatally shot a suspected shoplifter, the circuit court in his murder trial denied his motion in limine to exclude his statement to a witness on the scene: “It’s my second one.” The statement was admitted at… Read More ›

Anderson v. Dillman (P)

The circuit court properly dismissed a Virginia inmate’s due process suit asserted under 42 U.S.C. § 1983, claiming that prison officials had violated his rights during a prison disciplinary proceeding that resulted in a $10 fine. Contrary to the plaintiff’s contention,… Read More ›

In re: Scott (P)

The petitioner’s requested writ of actual innocence should be issued, based on the totality of the evidence. The petitioner was convicted of three offenses relating to a 1975 rape. Trial established that the victim was attacked by a single perpetrator…. Read More ›

Dennis v. Commonwealth (P)

The court of appeals abused its discretion to determine whether the facts presented in an actual-innocence petition required further development. The petitioner offered several previously unknown and untested witness affidavits in support of his petition for a writ of actual innocence… Read More ›

Reyes v. Commonwealth (P)

The trial court properly denied a continuance sought under Code § 19.2-159.1. Under that statute, the only decision the legislature has left to a court’s discretion is what continuance, if any, is reasonable. The continuance provision serves only to protect the… Read More ›

Commonwealth v. Hall (P)

The trial court erred in concluding that Code § 19.2-386.22(A) does not authorize the civil forfeiture of property used in a single episode of illegal drug distribution. The undisputed facts proved that Hall’s one-time use of his pickup truck rendered it… Read More ›

Mercer v. MacKinnon (P)

The circuit court properly dismissed this case for lack of personal jurisdiction. Although the court has not previously construed the phrase “persistent course of conduct,” persuasive authority from other courts sheds some light on the scope and duration of the… Read More ›