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Southwest Virginia Law Blog 
Items of interest to lawyers in Southwest Virginia and beyond.
Post Frequency: 1.1/day Last Entry: November 11, 2009 at 18:39:00 Recent Entries: 341
By Steven R. Minor
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Those proposed Local Rules for the W.D. Va.
Posted on November 11, 2009Here you can see the proposed local rules for the Western District of Virginia.Gen. R. 2(b) is good - civil cases should be filed in the right jury division. Long live the Big Stone Gap courthouse!Gen. R. 11 about juror contact is sound, and Judge Jones has included something on those lines in his pre-trial order for some time...
The end of babysitting and sleepovers
Posted on November 05, 2009I read the "new" opinions in Kellerman v. McDonough. I thought both the majority and Justice Kinser's opinions were off the mark.The majority opinion converts the mom hosting a sleepover into some kind of service provider with a duty of reasonable care, to protect the kids from criminals...
A football case, from a few years back
Posted on September 23, 2009Here's part of an old brief, apropos of the high school football season:Plaintiff was in a fight on school property at the High School, where he is a student and was a member of the football team. The altercation occurred on the football practice field following football practice...
Don't I post this every year about now?
Posted on August 31, 2009Here's my alltime favorite piece of writing about college football in Tennessee. Probably I posted it last year and will again next year, until the IP police tell not to do it any more:It's Football Time in Tennesseeby Jake Vest -- Orlando Sentinel -- Jake Vest is the creator of the comic strip That's Jake...
You can't negligently misrepresent your own intentions
Posted on August 03, 2009I don't remember if I knew this or not, but in the case that was tried in July and continues on, one thing that I wrote about was the Virginia Supreme Court has concluded it is impossible to state a constructive fraud claim based on a misrepresentation about one's intention to do something in the future:"Under no circumstances ...
On Batson and earrings
Posted on August 03, 2009The VLW Blog has a post up about non-discriminatory reasons that have passed muster under a Batson challenge to the use of peremptory strikes.I tried a case back in January before Judge Turk, where I represented a African-American claiming racial discrimination and retaliation...
Nomination of Tim Heaphy announced today
Posted on July 31, 2009In this press release, the White House announced the nomination of Tim Heaphy as the next U.S. Attorney for the Western District of Virginia. That's all to the good, as he is a fine fellow (haven't I said that before?). He was looking forward to the nomination when I saw him and kids enjoying dinner al fresco on the downtown mall in Charlottesville, earlier this summer.
That jury trial earlier in the week
Posted on July 25, 2009On Wednesday and Thursday, I tried a case in the W.D. Va., representing two fellows from Texas who were sued for fraud, where the amount in dispute was fixed at $2.3 million, and we got a defense verdict. The jurors deliberated for over three hours, counting the time they were eating pizza for dinner...
Fourth Circuit en banc upholds Virginia's partial-birth abortion statute by 6-5 vote
Posted on June 24, 2009Today in Richmond Medical Center v. Herring, the Fourth Circuit en banc upheld the Virginia law on partial-birth "infanticide," with the six including Niemeyer, Chief Judge Williams, Wilkinson, Shedd, Duncan, Agee, and the five including Motz, Michael, Gregory, King, and Traxler...
Why I'm voting for Brownlee
Posted on May 27, 2009Why I'm going to Richmond this weekend to vote at the Republican convention for John Brownlee:1. He was the U.S. Attorney for the W.D. Va., the head lawyer for the United States of America in (the better) half of Virginia. That's more like being Attorney General than about any other law job there is...
On the next U.S. Attorney for the W.D. Va.
Posted on May 08, 2009The Roanoke paper reported earlier that Tim Heaphy will be the U.S. Attorney for the Western District of Virginia.As I wrote here, I knew Tim Heaphy a little back in the day. And, I've seen him a few times since, at VBA meetings and in the Abingdon courthouse, a fine fellow and excellent lawyer...
Watch what you ask for
Posted on May 04, 2009VLW Blog cited to this opinion by Judge Moon, in McIntyre v. Aetna, wherein Judge Moon refused to grant the parties' motion to vacate a final judgment on appeal to the Fourth Circuit. Judge Moon held, consistent with any number of prior W.D. Va. cases, that if the parties burn the court's time by taking a case to final judgment, they're stuck with it...
On rural broadband
Posted on April 27, 2009The Washington Post article that weighs the merits of rural broadband against the stories of Rose Hill and Lebanon cites my sister Joan.
Article on SVLAS
Posted on April 01, 2009This article begins: "A six-year increase in legal aid for victims of domestic abuse in Southwest Virginia has been a success. The Southwest Legal Aid Society (SVLAS) greatly increased its outreach over that period, and the result has been a dramatic 35-percent decline in the number of requested protective orders; a much greater decline than seen statewide...
On the Irish literary form
Posted on March 17, 2009Responding to one of my posts about a notorious Virginia Supreme Court case, a reader once sent me this:There once was a couple named ZyskWho did quite a bit more than just kissShe sued him for herpesHe said, "I demur, please.I think it was your *."This limerick led to another -From: Steve Minor Date: Thu, 26 Aug 2004 01:39:12 -0400Subject: Re: ZyskYours deserves a "punctual" reply:There can be no worse destinationFor sodomy or fornicationThan here in VirginnyFor instead of sin, weare only allowed "!"
Hello Bristol Republicans
Posted on March 10, 2009Come and say hello to Lee Ann Necessary on Thursday, lunchtime at K.P. Duty.And, if you were making a list of good reasons to support John Brownlee, wouldn't she be one of them?
On the connection between the Uniform Arbitration Act and the Federal Arbitration Act
Posted on March 06, 2009Today, in A & G Coal v. Integrity Coal Sales, Chief Judge Jones of the W.D. Va. held that the parties' dispute was subject to arbitration.His analysis began with this point: "Since the purchase orders at issue involve interstate commerce,1 the Federal Arbitration Act (?FAA?), 9 U...
Tennessee Supreme Court in Virginia
Posted on February 26, 2009Today's TBAtoday says:"Next Thursday, March 5, the Tennessee Supreme Court will hold a public meeting in Bristol on legal needs and access to justice issues in east and northeast Tennessee. The meeting will be moderated by Supreme Court Justice Gary Wade and feature a panel with state Representative Jon Lundberg, 2nd Judicial District Chancellor E...
Funniest thing I heard said about me in 2009
Posted on February 24, 2009Someone told me at the VBA meeting in Williamsburg that someone else had said this: "Steve Minor . . . is an acquired taste."
On the USDA broadband grant program
Posted on February 23, 2009Southwest Virginia through LENOWISCO and other entities has been a prime beneficiary of the grant program mostly bashed in this Washington Post article, which does cite the example of Tannersville, Virginia, here in the Ninth District. The Tannersville grant was written by my sister, who also wrote the grant for Rose Hill, where she lives and works...
On court-packing, stacking, etc.
Posted on February 23, 2009The Post has this on too-smart law professors thinking up ways to get the Supreme Court to do what they want.People who are aggrieved by the Supreme Court always think of ways to change it, not because they are high-minded but because they want to get different outcomes...
Two new judges for the 29th
Posted on February 19, 2009Daniel Gilbert reports here that Mike Bush and Richard Patterson will get district judgeships in the Russell, Buchanan, Tazewell, Dickinson district.I never heard of Richard Patterson but that's ok, he probably never heard of me.The Gilbert article includes some additional gratuitous John Farmer bashing from Senator Puckett, which seems lame.
On being the swami
Posted on February 10, 2009Here it was written in 2006 that by November 2009, Mary Lynn Tate would be on the Fourth Circuit.Here it says she has put in for the job.
From NYT to cvilleweekly
Posted on January 31, 2009This post laments the subpoena served on my good friend Waldo Jaquith by my good friend James Creekmore in connection with some case, and here is the Motion to Quash filed by Waldo himself, and here an outline by Conrad Shumadine from Norfolk says this on the state of the law of a reporter's privilege in Virginia:"Courts have adopted a three-part test to determine when the qualified privilege attaches...
On bowling
Posted on January 31, 2009I think the last time Heath Miller's team played Larry Fitzgerald's team in a "bowl," Heath had a touchdown and his team won while Larry was shut down, and Judge Chad Dotson, Roy Jessee, Mitch Mobley, Will Kimbler, and I were there, for the 2003 Continental Tire Bowl between U...
On the weekend
Posted on January 25, 2009This weekend in Williamsburg had plenty of highs and lows, the lows relating mainly to the fact that my term on the board of governors of The Virginia Bar Association is ended and I am now official a has-been.The most powerful part of the weekend by far was the presentation on understanding veterans, with the images and personal accounts from the people who have been over there, and those who have treated the ones who have been over there...
Our Fair City listed in the World's Top Seven
Posted on January 23, 2009This article lists Bristol, with this entry -"Bristol, Virginia, USA. As a first time honoree, Bristol made an impact after taking on incumbent telcos in court and the state legislature to win the right to deploy a fiber network called OptiNet. Conceived as a backbone serving government and schools, OptiNet has grown into a fiber-to-the-premises network for business and residents in Bristol and four neighboring counties...
Judge Wilkinson asks President Obama to go easy on the Fourth Circuit
Posted on January 23, 2009I read this commentary by Judge Wilkinson, which may be the least comprehensible thing I ever read that he wrote. Who can tell me what he is saying?
For qualified immunity fans
Posted on January 21, 2009Today, the Supreme Court zigged in another direction on an issue where it has both zigged and zagged, and that is the order of answering the two questions that make up the question of qualified immunity. One question is, does the plaintiff have a claim under the Constitution? The other question is, did the defendant violate the clearly-established constitutional rights of the plaintiff, of which a reasonable government official in his or her position should have known?If the courts have to answer the merits question first, then a bunch of advisory opinions about constitutional issues get generated...
A rural Virginia lawyer joke
Posted on January 20, 2009Here it is, from the Washington Law Examiner.Harsh.
Well done, guys
Posted on January 19, 2009Lucas Hobbs and Jim Elliott from our firm were counsel for the successful appellant in the case of Virginia Highlands Airport Authority v. Singleton Auto Parts, where Justice Millette described the issue as this:"We are presented with the novel issue whether the easement constitutes a taking of airspace requiring compensation when the property was already subject to preexisting restrictions on development imposed by the ordinance...
Worth reading
Posted on January 14, 2009From December, the Lynchburg paper reports on the retirement of Circuit Court Judge Samuel Johnston.In Buckingham County, someone has sued the Hook for defamation.In Tazewell County, Judge Vanover upheld the immunity of the County and the School Board in a case over the death of a student...
On Fourth Circuit vacancies
Posted on January 14, 2009Jonathan Adler says here the Democrats should do like was done with Judge Gregory and renominate and confirm Peter Keisler to the D.C. Circuit, citing this article by Quin Hillyer, which is also cited in this post on the Committee for Justice Blog.Here the NRO editors suggest the same idea as to any of Bush nominees to the Fourth Circuit, including Judge Robert Conrad, Rod Rosenstein, Steve Matthews, and Judge Glen Conrad of the W...
Civil litigation in federal court increased in 2008
Posted on January 14, 2009A report by Law360 cited here and elsewhere says that federal court litigation was on the rise in 2008, including more employment law and products liability cases, along with more antitrust claims, more corporate bankruptcies, and more class actions.
What are the First Amendment rights of donors in support of referenda?
Posted on January 13, 2009In California, they say that the opponents of the recently-passed referendum to re-outlaw same-sex marriage are tracking down those that gave money to advocacy groups in support of the measure and trying to make them regret their position.So, this lawsuit has been filed, claiming that the California law requiring disclosure of such contributions is a violation of the First Amendment rights of the donors, particularly because none of the rationale for intruding on the speech rights of donors in the usual campaign setting applies when there are no candidates to be corrupted by the cash...
Supreme Court history
Posted on January 13, 2009Via John Q. Barrett, here are the proceedings of a conference of former Supreme Court clerks, discussing the 1950-1951 term, and including therein some general background of the Justices and their work.Among the tales told is this one, about Justice William O...
Lynn Dougherty's son - from Gallaudet to David Letterman
Posted on January 13, 2009This story about the deaf son of a Bristol lawyer from the Tennessee side is really cool.
On blogging in 2009
Posted on January 12, 2009There will be some, sooner or later.Last week, I took off for a federal court hearing in Beckley, turned around when I heard it was cancelled, then found out it was rescheduled for the next day, turned around again and headed back up there.That's just one adventure of many, already in 2009, but not much of it fit for this blog.
Bristol paper declares against cheap power, expensive power
Posted on December 29, 2008Online today from the Bristol paper, one story denouncing the cost to consumers of electricity, another story bashing the coal business and looking forward to the "post-carbon era."Meanwhile, the NYT reports here that burning coal at home is making a comeback, while declaring in favor of a gas tax.
On Straight Creek in Lee County
Posted on December 23, 2008This month's Virginia Lawyer magazine has an article titled: "Testing the Boundaries of the Clean Water Act on the Virginia-Kentucky Border: The Coal Industry?s Proposed Use Attainability Analysis for Straight Creek in Lee County, Virginia."The magazine says this article was written by someone who has worked for the Southern Environmental Law Center and the Appalachian Citizens' Law Center over in Whitesburg.
On government officials
Posted on December 19, 2008The NYT opines here that prosecutors should say less about the Illinois governor.Reports here and here say the Page County sheriff gets to keep his title for now.In Norfolk, a lawsuit has been filed to bar the vice mayor from serving as chief deputy treasurer, claiming there is some conflict of interest.
On coal
Posted on December 19, 2008Coal is my worst nightmare, says the next Energy Secretary.In Kansas, they are litigating over a coal power plant.In Surry, there is opposition to a proposed coal power plant.In Abingdon, they are getting a Clean Coal and Natural Gas Energy Center.In West Virginia, there is skepticism about a $3 billion coal to gas plant...
More on dissemination of judicial evaluation data
Posted on December 16, 2008"With respect to dissemination of information on performance evaluation, two lessons can be drawn. First, transparency about the evaluation process and specific evaluation results benefits both the public and the judiciary. The public benefits because it is able to develop an appreciation for the role of the courts beyond the outcome-based information it is likely to receive from the mainstream media or special interest groups, and can make more informed votes in judicial elections...
The end of the Sierra Club case
Posted on December 16, 2008Here is Judge Williams' opinion at the end of the Sierra Club case.And, we won the case, so I guess there nothing more to be said.
On evaluating judges
Posted on December 15, 2008The American Bar Association publishes something called "GUIDELINES FOR THE EVALUATION OF JUDICIAL PERFORMANCE WITH COMMENTARY."Part of what it says is this:"Guideline 3-4. When judicial evaluations are used to inform decision makers regarding the continuation of judges in office, results should be made readily available to those responsible for continuation decisions, including voters, governors, legislatures, and commissions...
On federal questions
Posted on December 09, 2008Here from the Weekly Standard is another article commenting on the comments of Judge Wilkinson of the Fourth Circuit and Judge Posner of the Seventh Circuit on the Supreme Court's D.C. gun decision in Heller.Here is somebody's account of the Fourth Circuit's decision last year in U...
Judge Paul
Posted on December 08, 2008Here you can see from the Time/Life archives a photo from 1958 of Judge John Paul of the United States District Court for the Western District of Virginia. This is surely one of my favorite pictures of W.D. Va. judges, along with this one of Alexander Rives and this one of Alfred Barksdale.
Who are the best D.C. lawyers?
Posted on December 08, 2008Here's former VBA president Glenn Lewis on the cover of the 2009 edition of Washington DC's Best Lawyers.Glenn Lewis is about as interesting a fellow as I ever expect to meet.
If a tree's rights are violated in the woods but nobody hears it, does it make a sound?
Posted on December 03, 2008In Hedgpeth v. Pulido, the U.S. Supreme Court explained yesterday in essence that when the trial court commits certain kinds of error with regard to the jury instructions, the appeals court should consider "whether the flaw in the instructions 'had substantial and injurious effect or influence in determining the jury's verdict...
On used books
Posted on December 03, 2008Not too long ago, I finally went to Mr. K's used books in Johnson City - an amazing place, until you consider, for example, all the bookshops in Charlottesville.
We love free stuff
Posted on December 03, 2008Years ago, I bought a copy of the Manual on Complex Litigation, because it was referenced in some order I had in case that was transferred as part of multi-district litigation.More recently, I discovered that the later edition is downloadable for free from the Federal Judicial Center website...
Surviving the plunging numbers
Posted on November 30, 2008The stock market? No, the .500 or less records at Michigan, Tennessee, Notre Dame, Arkansas, Auburn, UCLA, and Texas A & M, with LSU, Clemson, and West Virginia not much better - doesn't that sound like a list of the usual suspects from about 1950 to 2000? Has there been a "realignment" in college football, in the language of political theorists?
On being a criminal defense lawyer at age 88
Posted on November 30, 2008The Atlanta paper has this fun article on an experienced lawyer in Georgia.
Should the Bar disciplinary hearing docket be online?
Posted on November 30, 2008This article in the Daily Press says that Bar counsel want a reversal of the Supreme Court's decision that the docket of upcoming hearings on disciplinary charges against Virginia lawyers should be accessible online to the public.
Funky Boucher-Wampler campaign of 1982 video clip
Posted on November 29, 2008You can see Congressman Boucher, ex-Congressman Wampler, and some famous lawyers back when their hair was much different in the video clips that can be found on this page, with a report on the recount from the 1982 Ninth District Congressional campaign.
So not worth it
Posted on November 27, 2008It says here, I think, that a judge lost his position (and his silk) because it was discovered that he lied about a traffic infraction, claiming that someone else was driving, only it turned out the someone else had died before the incident.
Paige v. Fishwick
Posted on November 25, 2008Here, Vivian Paige answers the question, who is John Fishwick?
Worst idea for a movie ever
Posted on November 21, 2008Last night, I went home and there was an old yellow Labrador who came out to see me and wanted in the car. The kid next door told me the dog's name is Gus and pointed out the house where Gus lives. When I saw him again later, I grabbed the line he was trailing and coaxed him back up the street...
On Ms. Epps
Posted on November 20, 2008I read the obituaries (here and here) and then some of the online words of Rozanne Epps.I liked this quote - "She considered commas an inscrutable art form."and especially liked this photograph.There are a lot of people out there who were affected by Ms...
Golf rules
Posted on November 20, 2008Check out this story about how J.P. Hayes is as honest as we like to think we are. It says he turned himself in for actually using an unapproved ball, which knocked him out of Q School, which is sort of like turning yourself into the bar examiners upon discoverying after the fact that you were not using a No...
Every one of the regular readers should read this book
Posted on November 20, 2008I just finished The Wettest County in the World, by Matt Bondurant. It is an excellent book, sort of historical semi-fiction, mostly about the Bondurant family who figured in the 50-day moonshine trial in the Western District of Virginia against Franklin County officials including the sheriff and the Commoonwealth's Attorney.
You have to play to win
Posted on November 20, 2008This report on the lawsuit against the Virginia Lottery suggests that the plaintiff if he is totally successful might get a few dollars.
On musical chairs
Posted on November 20, 2008The Williamsburg paper has this account of the upcoming judgeship maneuverings in that area. It is a shame that our old teacher Judge Zepkin was never made a circuit judge there, he should have been, and almost was.
The best and the worst
Posted on November 20, 2008Jon Copper, profiled here, was Virginia's best man on defense these past three years - an undersized overachieving and devout family man who earned his scholarship the hard way and led the team in tackles ever since.Without disrespecting him, you'd hope that there would be more of the same character among the players who are actually recruited to play for the Cavaliers.
Did we ever make one of these before?
Posted on November 19, 2008On Tuesday we tried a case to the Court in the W.D. Va.And, per usual, I did some prep on the Rule 50 motion, only come to find out, Rule 50 does not apply to bench trials.So, I made a motion for judgment on partial findings, under Rule 52(c). I've had a few evidentiary hearings in federal court on preliminary injunctions and such, but don't remember making a motion under Rule 52(c) before - perhaps I should have done.
No - thank you
Posted on November 18, 2008In response to this post, I received this:"Steve - I was checking something on Google tonight and saw your post. It sure meant a lot to me. The race on saturday was my third marathon but my first in 10 years. It was very hot (77 deg) and humid - and I found myself badly dehydrated by mile 20...
On what the McAuliffe campaign will be selling, and to whom?
Posted on November 17, 2008"Terry could sell shit to the zoo."Paul Begala, quoted here on Politico.com.
Boucher hosed because of long-held IP positions?
Posted on November 16, 2008This piece says that rather than give Congressman Boucher the chairmanship of a sub-committee with control of intellectual property issues, on which he has taken a pro-consumer, anti-industry stance over the years, instead House leaders have dissolved the sub-committee.
The red and the blue
Posted on November 16, 2008This article in The Nation is set against Barack Obama's June visit to Bristol, as evidence of "A New, Blue Dixie."This article by Daniel Gilbert from today's Bristol paper points out that Bristol and the rest of Southwest Virginia mostly voted against Obama.
On growing up Beamer
Posted on November 16, 2008"He knew everybody in the hospital and what was wrong with them."- Barnett Beamer, talking about his brother Frank's hospitalization as a boy recovering from being burned, quoted in this article about the siblings of the football coach.
Best of the day
Posted on November 16, 2008I've read two newspapers at the house and a few online, but this is the best item I've seen today, titled Why I will run the marathon Saturday, a son writing about his father, and it begins:"This Saturday I will run to honor those who help another get to the finish line, whatever that finish line may be...
Sounds like it would be good on salad
Posted on November 14, 2008This BLT post describes the appearance of the word, "romanette," in oral argument before the U.S. Supreme Court.My friend Yvonne Griffin from Charlottesville posted it on the VTLA list serv, and much comment of various kinds ensued.
Less spam, really?
Posted on November 14, 2008Reports like this one and this one suggest that worldwide spam has been reduced when a couple of ISPs shut down their links to an outlaw hosting service.
New York paper reporting on Melungeons in November 1894?
Posted on November 13, 2008The Melungeon Historical Society Blog has this post, with an article on a mysterious race of citizens in North Carolina, from the New York Sun, dated November 15, 1894.
Why not allow hydroelectric dams as well?
Posted on November 11, 2008This article says that wind power has been legalized in Suffolk, where there is no wind:"Federal government estimates of Suffolk?s potential to use wind as an energy resource are not kind to the idea. The U.S. Department of Energy rates the city as a 1 on a scale of 7 for its resource potential...
Fourth Circuit news
Posted on November 11, 2008In this post, the Fourth Circuit's opinion in Sierra Club v. Simkins Indus., Inc., 847 F.2d 1109 (4th Cir. 1988) is debated, in relation to a motion to recuse Judge Chambers from the mountaintop mining litigation, because of his past affiliation with West Virginia Highlands Conservancy...
Worth reading, from soup to nuts
Posted on November 10, 2008This month's VBA News Journal features very useful litigation articles, such as:Civil Conspiracy: An Analysis of Common Law and Statutory Business Conspiracy Claims Under Virginia Law, by David N. Anthony & Megan C. RahmanExclusionary Motions Require Exercise of Discretion: Has John Crane Run Astray? by Roger T...
On living in Appalachia
Posted on November 10, 2008From the Richmond paper, Frank Kilgore explains Why Living In Appalachia Beats Just About Anywhere Else.And, Frank would have you read this piece, which begins: "Virginia has established itself as a leader in land conservation by being one of only two states nationwide that has transferable state income tax credits as incentives for landowners who are interested in protecting their land from development...
Notable opinion in detainee death case
Posted on November 10, 2008Notwithstanding the tragic facts, Judge Conrad's opinion in Harvey v. Roanoke Sheriff's Office is worth reading, for the wide range of issues addressed.I wondered about a few that were not addressed, like the Eleventh Amendment, and how it is that the "sheriff's office" is an entity that can be sued - perhaps those were taken up in the earlier opinions.
On raising more than the one eyebrow
Posted on November 10, 2008There are few editorials like here and here nailing Governor Kaine's funky remark about the demise in 2008 of "Ol' Virginny." So, Ol' Virginny elected him? Or was it done gone before then?
The intramural season begins
Posted on November 10, 2008There are few articles out there about Democrat vs. Democrat, and conservative vs. conservative, in the struggle to define who has the power and who gets the blame.
On Al Gore and civil disobedience in Wise County
Posted on November 07, 2008According to this propaganda from Time magazine, Al Gore has been telling people to commit criminal acts like the ones for which people arrested lately at the Virginia City plant site in Wise County.
Truth is stranger than fiction
Posted on November 07, 2008While the outcome is still being written in the Fifth District, speaking of fiction and that part of the Commonwealth, the New Times has a review here of The Wettest County in the World, a new novel by a fellow named Bondurant, about moonshiners in Franklin County.
Who will win Virginia? How will the vote go in the Southwest Virginia counties?
Posted on November 04, 2008I'll be chatting up some people during the day.I remember hearing the exit polls during the afternoon, four years ago, and it was all Kerry.
Rare day
Posted on November 02, 2008The best two stories in today's Bristol paper are this one about roller derby in Johnson City and this one about Billy Wagner.All stories about roller derby or Billy Wagner are good, but I also like the report on the Haysi game and the Wasps' game. I must be going soft in my old age, when the sports section of the Bristol paper starts looking good.
On registering the poor to vote in Virginia
Posted on October 31, 2008This report describes efforts to get the government of the Commonwealth to get more poor people registered in compliance with the National Voter Registration Act.
Another provocative Daniel Gilbert story
Posted on October 31, 2008This story in the Bristol paper lets the reader decide whether the son of a circuit court judge got some kind of preferential treatment in the handling of his DUI case. The odd part seems to be not the outcome - which is credibly explained by the prosecutor - but rather the conduct of the hearing in a different room away from the usual assembly of the huddled masses in district court - that's evidently what caused some editor to put this story on the front page, a decision which in itself is interesting and questionable.
If you write a lot of briefs and use Westlaw and Firefox like I do
Posted on October 30, 2008You ought to try CiteGenie - it does what it claims to do.
The partial birth abortion case
Posted on October 30, 2008Here is a Findlaw article on the rehearing in the case over the Virginia partial birth abortion statute, which was also described here in the Richmond paper.And, I'm guessing the Fourth Circuit will go along with the district court and the panel decision.
When you must plead who
Posted on October 29, 2008In U.S. ex rel. Radcliffe v. Purdue, Chief Judge Jones made a number of interesting rulings, including the issue of pleading fraud under Rule 9(b).
Should teachers be allowed to wear their Obama pins at school?
Posted on October 27, 2008Julie Hilden opines here that they should.She writes:"Rather than pretending to a false neutrality, teachers should put their views on the table and let students challenge them. Otherwise, we'll be in the anomalous position of having English and History teachers instruct students about how writers and speakers convey their political views, explicitly and implicitly -- while at the same time forcing the teachers to falsely deny that they themselves ever hold or convey such views...
Oates, J.
Posted on October 27, 2008They got John Oates as a last minute substitute for tonight's World Series game.I wish that Johnny Oates had been there instead.
Wow
Posted on October 24, 2008Thanks, Paul and Peter and Sherma and Deborah and Alan and the rest at VLW, for a great event.To the rest of the Virginia blogosphere, especially my friends from the meetings way back when in Charlottesville and Martinsville, I say hey, look, a trophy for blogging!
Going to see some people
Posted on October 23, 2008Here (again) is the list of people I might see this evening in Richmond - an impressive group:? David Baugh. Took job as capital defender for Central Virginia.? Mark D. Braley, Legal Services Corporation of Virginia. Sought filing fees statute to produce money for legal aid...
On the case in the Sixth Circuit
Posted on October 21, 2008In the case I argued for a Title VII plaintiff last month in Cincinnati, the Sixth Circuit has now issued its decision, reversing the District Court and sending the case back for trial.The opinion by Judge Clay is here.Someone asked me which did I prefer, the Sixth Circuit or the Fourth Circuit...
On representing plaintiffs
Posted on October 17, 2008Here's an opinion by Judge Turk in a Title VII case denying in part the defendants' summary judgment motion, where we represent a fellow from Pulaski who has become a good friend of mine.
Oh, well
Posted on October 17, 2008I talked to my mom this morning and she said they were going to what I understood her to say was an "Artesian center" wherever it is they are this week, but she seemed pretty cheerful about it. I thought, hmm, maybe Dad is carrying his long-time hobby of getting water to the farm at Jonesville a bit too far, if he has found some kind of hydrology museum...
Fun items
Posted on October 17, 2008Liberty's law school is bragging on its 90+% bar passage rate from this summer, as shown here.The Episcopal Church vows here to endeavor to persevere, meaning more church law for the rest of us.This post describes an ERISA case that went to the Fourth Circuit over a $40 dispute...
On biking in the Shenandoah National Park
Posted on October 16, 2008This piece says - don't ride two abreast in the Park.No problem, I'm sure there's no one I could keep up with anyway.
On the J. Dickson Phillips Distinguished Professor of Law
Posted on October 16, 2008Here the UNC Law School makes an announcement of the new J. Dickson Phillips Distinguished Professor of Law. Judge Phillips chaired the panel in my first federal appeal, fifteen years ago or more, and made me a fan.
More on the timber case
Posted on October 16, 2008Here is the Bristol paper's report on the opinion from Magistrate Judge Sargent in our Wise County timber harvest case, including what strikes me as absurd statements from a Sierra Club lawyer.In this case, the state agency was bypassed, and suit was filed to get the federal court to second-guess the federal agency's determination, and then plaintiffs' counsel accuses the defendants of taking advantage of a loophole in the law? I mean, really.
The Sierra Club case
Posted on October 15, 2008Here is the latest recommendation and report from Magistrate Judge Sargent, in our timber-cutting case out of Wise County.It begins dramatically:"To a child of Appalachia, to see the mountains laid waste, whether by clear?cutting or strip mining, is to witness a dagger plunged into the very bosom from which you sprang and which has sustained you...
On being a "Leader in the Law"
Posted on October 14, 2008Here the announcement was made that Virginia Lawyers Weekly has included me on a list of Leaders in the Law, with many distinguished people - because of this blog.This kind of makes me wish I'd written something more interesting lately.I thank the readers, old and new, including those at VLW.
That LA Times article on Obama and race in Southwest Virginia
Posted on October 13, 2008I forgot to post here this LA Times story from October 5, titled "Frank talk of Obama and race in Virginia." The dateline is Whitewood, in Buchanan County, and the story begins:"The isolated towns of Virginia's Appalachian coal region are home to strong labor unions and Democratic political machines that date back generations...
On that cheesy guy from the Times winning the Nobel Prize
Posted on October 13, 2008Here is Luskin's post on the announcement that Paul Krugman will get the prize.That seems so wrong, to give a distinguished prize to a political shill, who looks so horrible on television.
On setting books free
Posted on October 08, 2008According to this press release, an author from Bristol has a new book, called Murder Takes The Cake, and has set free one volume of it at the Bristol Starbucks, in the manner of BookCrossing.com.
On the late Judge Matney
Posted on October 08, 2008Via Nancy and VLW, I saw this article in the Bluefield paper on the memorial for Greg Matney, a district court judge. I never knew him except as a voice on the telephone in a couple of cases. If you wanted to be a judge and only got to be one for a short time, would that be better than not at all? I think so...
On having another birthday
Posted on October 07, 2008It means that from yesterday until next February, I have the same years as Sarah Palin.
"It's . . the bar exam!"
Posted on October 02, 2008Here is the LA Times article on the passing of law professor and bar review lecturer extraordinaire, Charles Whitehead.The article says in part:"Evidence of the professor's popularity can be found in a Facebook group called 'Charlie Whitebread Rocks My World...
Another voice heard from
Posted on October 02, 2008"The Virginia Supreme Court?s recent declaration that the state's anti-spam law is unconstitutional was flat-out wrong."Ken Magill, in this commentary - which is somewhat at odds with the net neutrality principles usually espoused here.Two more mostly negative takes on the opinion in the spam case can be found here and here.
Judge Goodwin denies class certification in DuPont case
Posted on October 01, 2008Yesterday, in Rhodes v. DuPont, Judge Goodwin of the S.D.W.Va. denied class certification to a claim about an alleged contamination of the public water supply.The Court observed: "The fact that a public health risk may exist is more than enough to raise concern in the community and call government agencies to action, but it does not show the common individual injuries needed to certify a class action...
Another W.D. Va. opinion on causation
Posted on October 01, 2008In Boysaw v. Purdue Pharma, Chief Judge Jones granted summary judgment on claim against the manufacturer of OxyContin, because the plaintiff could not prove causation. The opinion cites the earlier ruling in McCauley v. Purdue Pharma L.P., 331 F. Supp...
They said it
Posted on October 01, 2008"To do a decent job, the president of the United States needs to be vastly more educated and knowledgeable than the average American."Paul Campos, here in the Rocky Mountain News."Our leaders are making up their responses from day to day because old ideas of how the economy works have failed them...
Ouch
Posted on September 30, 2008The Bristol paper has this account of the post-trial rulings taking away the verdict in favor of Buchanan County in the Big Coon Dog case, with various philosophical quotes from me.Not too long ago, Chief Judge Jones took away a verdict on my motion, in another case...
Why Montgomery County is suing over the proposed intermodal facility at Elliston
Posted on September 26, 2008This press release states the County's position.The constitutional provision at issue, Art. X, section 10, provides:"Neither the credit of the Commonwealth nor of any county, city, town, or regional government shall be directly or indirectly, under any device or pretense whatsoever, granted to or in aid of any person, association, or corporation; nor shall the Commonwealth or any such unit of government subscribe to or become interested in the stock or obligations of any company, association, or corporation for the purpose of aiding in the construction or maintenance of its work; nor shall the Commonwealth become a party to or become interested in any work of internal improvement, except public roads and public parks, or engage in carrying on any such work; nor shall the Commonwealth assume any indebtedness of any county, city, town, or regional government, nor lend its credit to the same...
On that Kansas City firm
Posted on September 26, 2008This article on the Shook Hardy firm explains the firm's origins:"The firm traces its roots back to 1889, when Frank Payne Sebree, a Marshall, Mo., lawyer looking to build his practice in a bigger city, moved to Kansas City and set up shop in a third-floor walkup with another solo practitioner...
That's one theory
Posted on September 20, 2008This article in the Washington Post ("After Va.'s Losses In Court, a Flurry Of Finger-Pointing," by Jerry Markon, Saturday, September 20, 2008; Page B01) suggests that a string of successful constitutional challenges to recent Virginia statutes could be either a coincidence or the result of "the General Assembly's willingness to pass aggressive measures that are more likely to face a constitutional challenge...
Comparing the financial markets and the telecom markets
Posted on September 19, 2008This article says - if you leave the telecommunications companies to their own devices on net neutrality, they will screw things up as bad as the financial companies have done, for the same reasons - because the laws are relics of the Depression era, and inadequate in the modern age to ensure some minimum protections for the public.
On arguing in the Sixth Circuit on Tuesday
Posted on September 18, 2008All I can say is that it was really fun, arguing an appeal is about the most fun you get as a lawyer, the opportunity to see if you can for a few minutes respond effectively to sharp questions from strong judges.In the Sixth Circuit, you are told the makeup of the panel in advance...
Article by Judge Wilkinson
Posted on September 15, 2008Legal Theory Blog has this post about an article by Judge Wilkinson of the Fourth Circuit, now available on SSRN. The title is Of Guns, Abortions, and the Unraveling Rule of Law.
On arguing tomorrow in the Sixth Circuit
Posted on September 15, 2008It says here that the panel who will hear my argument (right here in Cincinnati) tomorrow includes Judges Clay and Kethledge, and District Judge Oliver from the N.D. Ohio.Having requested oral argument in this Title VII case, and feeling lucky to get it, I can only hope that the opportunity to advance the case is not wasted...
Don't squeeze the officers
Posted on September 09, 2008Read this article ("Beach lawyers advised to stop patting officers on the back") and every one of the comments, about the "problem" of familiarity between defense lawyers and traffic cops.The judges not the officers are the ones I watch.I remember one time sitting in the courtroom and Judge Brown dismissed a case and called the old trooper up to the bench and said essentially this, I thought we both were going to retire before I dismissed a single one of your cases, meaning to compliment the trooper but leaving me somewhat discouraged.
Another story on the Buchanan County case
Posted on September 03, 2008People who ask me what came of the Buchanan County case can read the latest in this story by Daniel Gilbert.
Chief Justice Roberts and James Madison
Posted on September 03, 2008USA Today reports here that the Chief Justice will speak at the ceremony marking the restoration of James Madison's home called Montpelier, on September 17.
Highlight from last week
Posted on September 02, 2008Last week, I had a hearing before Judge Turk, in his library in Roanoke.And, Baby Girl was right there with us, checking the scene, echoing the judge's sentiment that it was good to see us all.That would be the way to do it, be a judge and take the dog to court.
And, Jerry Fuhrman said . . .
Posted on September 01, 2008"Do you suppose the Washington Post would have written this (in "Mr. McCain's Choice") if Tim Kaine (who has no more political experience than Sarah Palin does) had been chosen to be Obama's running mate?"- from this From on High post.
She said it
Posted on September 01, 2008"Smith makes women feel like they can do anything. . . . Randolph-Macon used to do that."Mother of former student at Randolph-Macon, one of the plaintiffs in the litigation against the school, quoted here.
On picking up the deer that ran away
Posted on September 01, 2008It says here:"Virginia is the only state that has a right to retrieve law, allowing hunters to do so."
Wow, not even close
Posted on September 01, 2008I was there for the U.S.C. Trojans game, and it was the worst I've seen in person since the 1980s.
Crohn's patients' voices
Posted on August 28, 2008I listened to everyone of these, patient voices on the New York Times website.Fortunately, what similar tales I have mostly are no longer told in the present tense.Knock on wood.
Do it like they do on the Travel Channel
Posted on August 28, 2008Tomorrow, after court and in the middle of the day, I'll be driving up the road past Lexington and Berky's Restaurant at the Lee Hi truckstop, and I did see their story on the Travel Channel.
On the late Rogers Stuart
Posted on August 25, 2008Here is the obituary for George Rogers Clark Stuart, a former VBA president and long-time Southwest Virginia lawyer.It says in part:"George Rogers Clark Stuart, age 83, a well-known Abingdon resident, died Aug. 23, 2008.Mr. Stuart grew up in Abingdon, which was his lifelong residence...
Two mysteries
Posted on August 25, 2008Here are two things I wonder:1. Why doesn't the website for the Attorney General's office have on it some convenient directory like this one?2. Why is this directory of lawyers in the Attorney General's office in the local court rules section of the Richmond bar website?
From the archives
Posted on August 20, 2008A real live e-mail exchange, with a member of the press from years ago:From: O'Donna Ramsey [mailto:oramsey@coalfield.com]Sent: Tuesday, March 27, 2001 3:24 PMTo: Steve MinorSubject: Re: Monopolization on the Coalfields ExpresswaySteve: Don't you have people to sue?As you pointed out, monopolizing is probably not the appropriate word, butthat's what they say they are doing...
Judge Williams in Travel and Leisure magazine
Posted on August 20, 2008The September 2008 edition of Travel & Leisure magazine includes this article about Southwest Virginia, and the article includes some substantial reference to Judge Glen Williams. The print version, just arrived, includes a fine picture of the Judge and his wife in Jonesville...
When is sugar not sugar
Posted on August 13, 2008Yesterday's post resulted in the receipt of this story, said to be true:"An ex-boyfriend was charged with putting sugar in his ex-girlfriend's gas tank. She saw him doing it and called the police. The police stopped his vehicle and found a gallon jug nearly full of sugar...
When is a firearm not a firearm
Posted on August 12, 2008VLW Blog links here to this opinion from the Court of Appeals, in which the panel of Judges Kelsey and Petty and Senior Judge Bumgardner granted a writ of innocence.And, the basis was evidence that the firearm was not a firearm.Which makes me think of a case years ago, where a Bristol lawyer was defending somebody charged with transporting a truckload of marijuaa, and he was going to try to prove that the stuff was not marijuana, and I think the plan was that since he had no expert witness he offered to prove this at trial by putting some in the Commonwealth's Attorney's pipe to see what would happen.
On trees and mining
Posted on August 11, 2008The Bristol paper reports here on last week's proceedings in the Sierra Club case, including some quotes attributed to me.Then, the same paper published a front-page story in the paper today, with the bold prediction that mountain-top mining will be outlawed by the end of 2009.
So long, Skip Caray
Posted on August 04, 2008Who knows how many nights I've driven home from Bristol listening to the Braves on the radio, with Skip Caray making the call.One of his calls that gives me a chill every time I see and hear it replayed on TV is described here, from the 1992 playoffs: "Here comes Bream! Here's the throw to the plate! He iiiiiiiisssssssss ...
Fourth Circuit reverses NLRB on union decertification arising out of Wise County
Posted on July 25, 2008In NLRB v. Mullican Lumber and Manufacturing, the Fourth Circuit in a published opinion by Judge Niemeyer, joined by Chief Judge Williams and District Judge Williams from Maryland, denied the NLRB's petition for enforcement and granted the company's cross-petition for review, concluding that the unfair labor practice charges against Mullican over its facility in Norton were deficient because the company had sufficient evidence that the majority of its employees there no longer wanted to be represented by the UMWA.
Oliver Hill's old home in Roanoke to become legal aid office
Posted on July 22, 2008The Roanoke paper reports here that a childhood home of civil rights litigator Oliver Hill will become an office for Blue Ridge Legal Services.
More on the Dr. Shelburne case
Posted on July 22, 2008Here is a anti-prosecution post about the Shelburne case, and here is the latest from the Bristol paper, about how the U.S. has noticed an appeal on the money laundering charges that were thrown out based on the Santos decision.
Just in case you were wondering
Posted on July 22, 2008A panel of the D.C. Circuit has held in Adams v. Rice that "engaging in sexual relations" qualifies as a "major life activity" for purposes of the Rehabilitation Act.
Interesting
Posted on July 21, 2008Here from the Chicago Tribune is another book review of Judge Martin Clark's latest book.Here is a profile of Circuit Court Judge John Cook, after two months on the bench.The Bristol paper has this report on the airport easement case that Jim Elliott and Lucas Hobbs from this office have appealed to the Virginia Supreme Court.
On the book by Judge Hudson of the E.D. Va.
Posted on July 14, 2008Here on the VTLA website is a very interesting book review by Wyatt Durrette of the new book by his good friend, Judge Henry Hudson of the E.D. Va.I have heard Judge Hudson speak only once, at the Judicial Conference.
Bad news
Posted on July 12, 2008Colon cancer has taken away Tony Snow, who suffered for years from colitis, which poses the same cancer risk as Crohn's disease according to articles like this one.
One thing I would do if I had a motorcycle
Posted on July 12, 2008I would join up with the first annual "Fire in the Hole" ride and rally, which covers this route:? Highway 19 South to Alternate Route 58 West to Norton, VA.? Highway 23 South to Big Stone Gap. VA.? 1ft STOP: Powell Valley High School, Big Stone Gap. VA...
LA Times review of third novel from Judge Clark
Posted on July 09, 2008Here is a review in the LA Times of the latest from Circuit Court Judge Martin Clark, called The Legal Limit.
Interesting for other reasons
Posted on July 06, 2008I have now read In the Kingdom of Coal: An American Family and the Rock That Changed the World, and it is not quite what I expected, but interesting nonetheless to the extent it is a history of Westmoreland Coal and the families behind it, including some history of their operations in Wise County, and of a family of miners whose later generations include the former Dodger and Red pitcher, Tim Belcher...
But, they beat the Wahoos every now and then
Posted on July 05, 2008This post about the litigation between the University of Louisville and Duke over the cancellation of some football games raises some questions on the issue of what college football teams are of "similar stature" to the generally lousy Blue Devils.And, the answer viewed one way is, Duke's no good so all are of "similar stature" or better, or viewed another way, Duke's no good and so few are of "similar stature" or worse.
Rick Sincere reports again from Monticello
Posted on July 04, 2008Here is this year's report from Rick Sincere on the W.D. Va.'s naturalization ceremony at Monticello, attended today by President Bush.
Good one, gang
Posted on July 04, 2008As Jerry Fuhrman points out here, it would appear that whoever wrote (or edited) the editorial on July 4th in the Bristol paper cannot subtract 1776 from 2008. My computer says the difference is 232.The editorial begins: "At the ripe old age of 222 years, our great country remains more united than divided...
No incorporation of Second Amendment in Fourth Circuit?
Posted on July 03, 2008"It is well settled law in this circuit that the Second Amendment does not apply to the States. Edwards v. City of Goldsboro, 178 F.3d 231, 252 (4th Cir. 1999). Because the Second Amendment does not apply to the States, neither a state law nor a local ordinance can run afoul of any right guaranteed by the Second Amendment...
He said it
Posted on July 02, 2008Rich Lowry, on Justice Kennedy:"[T]he Supreme Court is divided between four liberals, four conservatives and one self-important man who can't differentiate between his inner compass and the nation's fundamental law."
Chief Judge Jones dismisses several counts in Dr. Shelburne case
Posted on July 01, 2008In U.S. v. Shelburne, Chief Judge Jones of the W.D. Va. struck several of the counts of which Dr. Shelburne was convicted earlier at trial, in a case related to "a scheme to defraud Medicaid by submitting bills for services that were not performed, were paid for by others, or were not medically necessary...
The Church where I was married
Posted on June 29, 2008When I got married at the Holy Trinity Church in Georgetown, the Jesuit priest (who is no longer a priest) suggested privately that he would not be too strict about who took Communion.The same church is where the funeral mass for Tim Russert was held...
More pro se litigants?
Posted on June 29, 2008The Norfolk paper has this article on the perceived rise in the number of litigants representing themselves.
On the voters of Appalachia
Posted on June 29, 2008Here is a pointless piece from Newsweek, a guy named Steve who grew up in Western Virginia and later was a student at the College of William & Mary. (If you can imagine such a person.) Is some of it missing, or is it sort of a parody? I wonder.It says in part, "In a close election come November, the difference between President McCain and President Obama could come down to me and my people: a bunch of ornery, racist, coal-minin', banjo-pickin', Scots-Irish hillbillies clinging to our guns and religion on the side of some Godforsaken, moonshine-soaked ridge in West Virginia...
The ruling on the constitutionality of Va. Code 57-9
Posted on June 28, 2008Here is the opinion by Judge Randy Bellows of the Circuit Court of Fairfax County, 49 pages on the constitutionality of Va. Code 57-9 as applied to the Episcopal church cases.
That thing adjudicated
Posted on June 28, 2008In the latest VBA Journal, Judge Kelsey of the Court of Appeals has a somewhat provocative article on res judicata and Rule 1:6 as a response to the perceived defects of the Supreme Court's analysis in Davis v. Marshall Homes, Inc., 265 Va. 159, 576 S...
Peer-to-peer network administrator convicted in W.D. Va. for pirating copyrighted material
Posted on June 28, 2008The United States Department of Justice issued this press release detailing the conviction on Thursday in Big Stone Gap of a peer-to-peer network administrator for pirating movies and such.The press release says: "The case is the first criminal conviction after jury trial for P2P copyright infringement...
President Bush to attend session of W.D. Va.
Posted on June 28, 2008The Charlottesville paper reports here that President Bush will attend the naturalization event at Monticello on the 4th.
The insignificance of Miller-Jenkins
Posted on June 26, 2008This article on Findlaw, titled "The Virginia Supreme Court Enforces Vermont's Custody and Visitation Order Regarding a Same-Sex Couple's Child: Why an Anti-Same-Sex-Marriage State Recognized a Same-Sex Union For This Purpose", points out that the recent Supreme Court case was decided on technical grounds, and even so came with a warning from the Chief Justice in his separate opinion that might be a preview of how he (if not others) would decide future cases on the merits.
On the right of the people to keep and bear arms
Posted on June 26, 2008The Supreme Court decided today by a 5-4 vote in the D.C. v. Heller case, that the "people" in the Second Amendment include "all members of the political community, not an unspecified subset" and to "bear arms" was used back in the day to "refer to the carrying of weapons outside of an organized militia.
One for Kurt Pomrenke fans
Posted on June 26, 2008Here are the father of the bride and the bride, his daughter Sarah, whom I think of as the little blonde Pomrenke girl.Most places I go, from Grundy to Norfolk, somebody knows Kurt.
The vice of moderate legislation
Posted on June 25, 2008Justice Kennedy's opinion for the majority in Kennedy v. Louisiana might inspire some legislators (like the ones we read about from Virginia and Tennessee) to reject moderation in matters governed by the Eighth Amendment.The legislators might say to themselves, we all need to take the extreme view on this, otherwise the Supreme Court will get the wrong idea the next time it surveys the views of "society...
Papa Joe Smiddy documentary
Posted on June 24, 2008It says here that U.Va.-Wise has released a documentary on DVD of the life and times of Joe Smiddy.Here is one of the best Joe Smiddy stories.Here is one place where you can buy a "Butter Beans" CD, which is mainly what I like to listen to when I am writing in Dad's truck...
Using the VLW archives
Posted on June 23, 2008In last week's Virginia Lawyers Weekly, Paul Fletcher posed this hypothetical:"My client just got served with papers filed by a lawyer named Steven R. Minor with the firm of Elliott, Lawson & Minor in Bristol. I don?t know this guy. How can I get some information about him and his practice?"One of his answers was to check the archives on VLW...
Fourth Circuit rejects claim to school district's information distribution system for issue advocacy
Posted on June 23, 2008In Page v. Lexington County School District, the Fourth Circuit in an opinion by Judge Niemeyer, joined by Chief Judge Williams and Judge Duncan, affirmed the entry of summary judgment on the section 1983 claims of a citizen who sued for equal access to the school district's "information distribution system" that the district had used to oppose legislation the plaintiff favored...
If you do Virginia appeals, you must read this
Posted on June 23, 2008Steve Emmert has an article up these days on his site that I take to mean that the Virginia Supreme Court is cracking down on procedural defaults. Similarly, VLW Blog has this post quoting Justice Keenan, who acknowledged that more Virginia appeals are getting sunk on procedural defaults.
Norfolk paper comes to Wise County
Posted on June 22, 2008This article about the power plant in the works at Virginia City quotes one side talking about the other as saying this: "wrong on so many levels." Actually, all sides say that about their opponents all the time.Some of the discourse reminds me of my grandmother's opposition to the federal prison in Lee County - she didn't want a bunch of escaped federal inmates running up and down Route 58.
Vote on him, I dare you
Posted on June 21, 2008The Asheville paper has this recap of the status of the nomination to the Fourth Circuit of Judge Conrad from North Carolina, who is not to be confused with the Judge Conrad from Virginia or the tough-guy actor.
Who leaked the Ahmad Bradshaw story?
Posted on June 21, 2008The Bristol paper and others have discovered that Ahmad Bradshaw is in jail here in Abingdon, which prompted his old football coach at Bluefield to denounce whoever it was that caused this to get into the newspapers.The Bristol paper reported this:"Graham football coach and athletic director Doug Marrs adamantly stood by Bradshaw, calling the player?s legal troubles the direct result of a concerted attempt by 'individuals who build themselves up by making other people look bad...
The Carbon Capture and Storage Early Deployment Act
Posted on June 21, 2008This post considers the Carbon Capture and Storage Early Deployment Act, H.R. 6258, introduced by Rick Boucher, which provides for an industry-funded, non-government "Carbon Storage Research Corporation."
He said it
Posted on June 21, 2008"So Mr. Obama, if you're going to call for 'the highest-speed broadband access' can you please stop pussyfooting around like just about everyone else and start acknowledging that that means getting a fiber strand strung to every building in America?"Geoff Daily, Apprising
Santos, Santos, Santos
Posted on June 18, 2008The Bristol paper reported here that Chief Judge Jones is trying to figure out the Supreme Court's decision in U.S. v. Santos, before deciding what to do in the case of the Lee County dentist.Maybe the dentist's lawyer will sign up for this seminar, the ad for which says of Santos and Cuellar v...
On the late Harry Hall
Posted on June 12, 2008This morning, Dana spotted a brief notice in the morning paper that Harry Hall has died.Harry Hall is just about the best guy from Bristol I ever met. The deacon at St. Anne's, he was part of our marriage preparation, way back when, and a good friend of mine ever since...
Best U.S. Open story
Posted on June 10, 2008I still like the story reported here and here and elsewhere about Tony Romo, Matt Lauer, Justin Timberlake, and a fellow from Nebraska with cancer, trying to break 100 on Friday at Torrey Pines. The dude from Nebraska shot 114 and savored it all, sounds like...
And, the horse you rode in on
Posted on June 10, 2008Here and elsewhere it says that Andrea Mitchell, from the gang of happy idiots at MSNBC, has apologized for her characterization of the people of Bristol, Virginia, on the occasion of the visit by Obama last week.Another of that sorry bunch, Chris Matthews, will be at the Bristol library a few weeks before the election...
The Fourth Circuit: fewer judges equals fewer arguments
Posted on June 08, 2008Here is the take of one of the Volokh Conspirators on the state of the Fourth Circuit, still missing too many judges, and the subject of the cover story in this month's ABA Journal.
Sell assets, not stock?
Posted on June 08, 2008In Andrews v. Browne, the Virginia Supreme Court held that the sale of 100% of the stock of a closely-held corporation is subject to the Virginia Securities Act.
That other Buchanan County case
Posted on June 08, 2008The Supreme Court decided on Friday in Levisa Coal v. Consolidation Coal that Consol's lease did not give it the right to "store excess water" on the leased premises from coal mining on other property, reversing the Buchanan County circuit court.The case was argued for the appellant by Scott Sexton from Gentry Locke, with Monica Monday and some lawyers from the Street Law Firm on brief...
On the Tennessee side
Posted on June 08, 2008The Kingsport paper has this disturbing story about a good lawyer who made one or more bad mistakes.It begins:"A former Johnson City attorney who pleaded guilty to attempted forgery for signing a client?s name to a probation hearing waiver ended up losing his law license, his practice, his home and cars...
Judge Weckstein a candidate for Virginia Supreme Court
Posted on June 08, 2008The Roanoke Times has this article that says Judge Clifford Weckstein is a candidate for the vacant position on the Virginia Supreme Court.The article cites Steve Emmert who bemoans the circumstances that might reduce the field of candidates, but if Judge Weckstein is in the running, that's evidence that there may be quality if not quantity...
No kidding
Posted on June 08, 2008I just saw this picture that my dad posted somewhere. Some people are (still) surprised to learn that the proprietor of Appalachian Resources, also the Rose Hill blogger, is my sister.
Last week's case
Posted on June 08, 2008Here are the stories from the newspapers:Daniel Gilbert, Bristol Herald-Courier -Buchanan County Seeks To Recover Money It Says It Lost Due To Bribery ScandalFederal Jury Is Deciding Liability In Buchanan County, Va., Bribery CaseContractors To Pay $500,000 To Buchanan County In ?Coon Dog? CaseLaurence Hammack, Roanoke Times -Big Coon Dog lawsuit trees little cash
The big case
Posted on June 06, 2008Well, the jury verdict was $500,000, and not on the RICO counts. That's less than I had hoped, but better than nothing.It was pretty exciting, I'll write more about it one of these days.
Head games
Posted on June 02, 2008On Friday night, opposing counsel sent me a note that said quit working so hard.I laughed and told some people about this note, and one of them asked me about that other lawyer, and I said he's a bulldog.And, the reply was, then he's in trouble, because he's a bulldog but this is a coondog case...
Ex-judge Shull speaks out
Posted on May 26, 2008Daniel Gilbert had this lengthy article, with Mickey Shull's thoughts on what happened to him, that he lost his judgeship.There are some parts of the article I don't like, but it is definitely worth reading, to ponder the many ironies.Previously, I posted my thoughts here.
On T. Keister Greer
Posted on May 24, 2008The Roanoke paper reports here on the interesting life and times of the Rocky Mount lawyer, who wrote about the Franklin County moonshine case, as described here, tried in Harrisonburg before Judge John Paul.
Why quit before November?
Posted on May 24, 2008Senator Clinton cites the example of the assassination of Robert Kennedy as a reason why she should not stop her campaign.Following this same logic, perhaps after the convention, she will continue to campaign, citing the possibility that Obama has not disclosed prior hospitalization for mental illness, as in the case of the vice-presidential nominee in 1972.
Back out of prison
Posted on May 23, 2008Yesterday at the Ashland, KY, prison camp, we deposed Ray Blankenship, who is the former chairman of the board of supervisors from Buchanan County, and we had a court reporter, and videographer, and they were two women from Lexington, and on his way out, the witness/inmate gave them a nod and told them he was particularly glad they came by to see him...
The 25th reunion year
Posted on May 21, 2008This is, I am reminded, the 25th year after graduation from high school, and I've heard there will be a reunion.Those who knew me then might say, as some have, that my life has proceeded according to plans that were made in junior high, more or less. I might say the same thing, more or less, by the bare preponderance of the evidence...
Stuff I've missed
Posted on May 21, 2008Justice Agee was confirmed to the Fourth Circuit, as reported here and elsewhere.Julie Dudley took over as head of the United States Attorney's office, reported here.All this while I've been driving back and forth to Grundy, and plotting my next trip which is to a federal prison.
Just in time for the election
Posted on May 15, 2008Here's the decision from the California Supreme Court, in which the divided Court declared that the state's ban on same-sex marriage violates the Equal Protection clause of the state constitution - notwithstanding the statewide referendum on the definition of marriage from only eight years ago...
More on West Virginia
Posted on May 14, 2008According to CNN:Logan County - Clinton 84%, Obama 11%Mercer County - Clinton 72%, Obama 21%Mingo County - Clinton 88%, Obama 8%Raleigh County - Clinton 66%, Obama 26%All that seems about what you'd guess based on Buchanan and Tazewell counties in Virginia.
She said it
Posted on May 13, 2008"From potheads to prostitutes to public urinators, they get it all in General District Court.I highly recommend a few hours there, especially if you can no longer afford movie tickets. Shoot, sometimes there's even nudity."Kerry Dougherty, in the Norfolk paper...
What to expect from West Virginia
Posted on May 13, 2008I haven't been to West Virginia in a while, but I recall that in the Virginia primary back in February, there were these results in some Southwest Virginia counties that border on West Virginia:Buchanan County - Clinton 89.91%, Obama 9.09%Tazewell County - Clinton 78...
Cert granted in Bell case from Virginia
Posted on May 12, 2008An order came down from the U.S. Supreme Court today granting certiorari on the first issue in what is now called Bell v. Kelly, the post-conviction appeals of the Winchester murder case.The AP has this report, and SCOTUSBlog has this post with links to the court filings...
On Jennifer McClellan
Posted on May 09, 2008I read here and elsewhere that superdelegate Jennifer McClellan switched over to Obama, which is good because I'd think her otherwise incomprehensible support for Ms. Clinton would be an albatross around her neck for the rest of her career.I mean, if a couple of old timers like Rick Boucher and Tim Kaine figured that one out months ago, you'd think that Ms...
Wow, President Bush nominates SW Virginia's own Judge Conrad for Fourth Circuit
Posted on May 09, 2008It is reported here and elsewhere that President Bush has nominated Judge Glen Conrad of the W.D. Va. to a vacancy on the Fourth Circuit.The article says in part:"The White House announced Thursday that Bush had nominated Glen E. Conrad to the Richmond, Va...
No kidding
Posted on May 07, 2008Not too long ago, I was arguing about something and invoked the goose and gander rule, of which I have previously written here. I have heard Magistrate Judge Sargent say that the goose and gander rule "is good law" in the Western District.The state court judge in ruling on the point declared essentially this: "I won't invoke cliches like Mr...
Interesting
Posted on May 07, 2008Hunton & Williams lawyer Tom Slater is the new president of the VMI board of visitors. I often tell stories of a case I had with him long ago. Every experience I ever had with a Hunton & Williams lawyer has generated a few stories, going back to the first one I ever met, a fellow named Jim Farnham who did an amazing job trying a products liability case about a riding mower, before Judge Williams when I was a law clerk...
New magistrate judge to serve in Southwest Virginia
Posted on May 07, 2008This order says that in recognition of the caseload coming out of the Cumberland Gap park, a magistrate judge shall be empowered to handle cases from Tennessee, Kentucky, and Virginia - and it will be any full-time magistrate judge from the Eastern District of Kentucky.
Grad student's suit fails to pass
Posted on May 07, 2008In Brown v. Rector and Visitors of the University of Virginia, Judge Moon granted the motion to dismiss from the defendants in a case filed by an ex-graduate student.And, it is a case study of the hurdles to stating a claim against a state school: (1) there is some talk about Bell Atlantic v...
He said it
Posted on May 05, 2008"When Justice Agee is confirmed as a federal circuit judge, the Fourth Circuit will have fewer vacancies than at the end of the Clinton administration."Sen. Patrick Leahy, on the occasion of last week's Judiciary Committee hearing for Justice Agee's nomination to the Fourth Circuit...
Max and Gina
Posted on May 05, 2008Max Lawson and his girlfriend Gina, who both have worked here off and on, have this website about their wedding, coming up next month.They mailed the invitations with postage bearing their photo and web address, made here.
Chief Judge Jones rejects liberty interest claim
Posted on May 05, 2008The Constitution protects against deprivations of life, liberty, and property without due process of law.Somewhere along the way came the notion that the concept of liberty includes freedom from being bad-mouthed by the government, but there's more to it than that, as evidenced by the ruling in April by Judge Jones in Etter v...
Voice of Cavaliers quits
Posted on May 01, 2008This piece by Doug Doughty says that Mac McDonald has resigned.Maybe they will rehire Warren Swain away from the Ohio U. Bobcats.Oops, someone on the boards has already suggested this.
On Conrad and Matthews
Posted on April 30, 2008It says here that Senators Spector and McConnell are trying to shame Chairman Leahy into scheduling hearings on Fourth Circuit nominees Conrad and Matthews.
Davis gets past committee
Posted on April 30, 2008Mark S. Davis has been approved by the Senate Judiciary Committee for confirmation to a seat on the E.D. Va., according to this report, which says the other pending E.D. Va. nomination is still waiting action.
Rehearing in the spam case
Posted on April 30, 2008It is reported in this Media General story that the Virginia Supreme Court has agreed to a rehearing in the case of the man convicted under the spam statute, the subject of a 4-3 decision by the Court.
Christiansburg lawyer indicted for forgery
Posted on April 30, 2008The Roanoke paper has this article on the forgery indictment against attorney Gerard Raymond Marks.The article notes:"In September, Circuit Court Judge Joey Showalter issued an order indefinitely barring Marks from practicing in the 27th Circuit, which includes the counties of Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski and Wythe, and the city of Radford...
He said it
Posted on April 27, 2008"I expect the Judiciary Committee and the Senate will proceed promptly to consider and confirm Justice Agee?s nomination with the support of Senator Warner and Senator Webb."Senator Leahy, April 3, 2008.
Justice Agee to the front of the line
Posted on April 25, 2008Justice Agee's nomination now has a hearing before the Senate Judiciary Committee set for May 1, which has some Republicans complaining about the lack of hearings for those who were nominated before him.
Ah, the evil zombies
Posted on April 25, 2008"The appointment of the receiver removed the wrongdoer from the scene. The corporations were no more Douglas's evil zombies. Freed from his spell they became entitled to the return of the moneys-for the benefit not of Douglas but of innocent investors-that Douglas had made the corporations divert to unauthorized purposes...
On Judge Farmer's position
Posted on April 25, 2008Daniel Gilbert has this article about the legislature failure to fill the juvenile judgeship in the 29th district.As regards the prospect that the circuit court judges will reappoint Judge Farmer, Senator Puckett is quoted as saying, somewhat ominously, "The judges in the 29th Circuit could have an opportunity to reappoint him if they think I?ve made a bad judgment...
Three federal appeals court judges before Memorial Day?
Posted on April 24, 2008This post and this post, among others, say there is a deal in the Senate to confirm three judges to the United States Courts of Appeals before Memorial Day, later this month.The unknown - which ones.
Sort of a Virginia book I got in Charlottesville
Posted on April 24, 2008Playing with Wikipedia, I wrote the little article on a judge of the W.D. Va. named Alexander Rives, who was the brother of William Cabell Rives, who was the grandfather of Amelie Rives, whose marriage to John Armstrong Chanler is the subject of Archie and Amelie: Love and Madness in the Gilded Age, by Donna M...
The General Assembly has spoken
Posted on April 24, 2008In Southwest Virginia, as someone told me a while back, Judge Pat Johnson got the circuit court job in the 29th circuit, Greg Matney from Tazewell County got the general district court job, and nobody got Judge Farmer's job on the juvenile court, which may mean that he gets to keep it until next year...
Virginia wins again
Posted on April 23, 2008Today in Virginia v. Moore, the Commonwealth won before the United States Supreme Court. In an opinion by Justice Scalia, with Justice Ginsburg concurring separately in the judgment, the Supreme Court reversed the Virginia Supreme Court's decision in Moore v...
On ex parte contact with ex-employees
Posted on April 23, 2008I read the opinion by Judge Kiser in Bryant v. Yorktowne Cabinetry, granting summary judgment in a Title VII case.The opinion referenced an earlier decision by Magistrate Judge Urbanski that I missed. In this earlier Bryant v. Yorktowne Cabinetry, Judge Urbanski denied the defendant's motion for an order prohibiting ex parte contact between the plaintiff and the defendant's former employees, distinguishing the earlier decision by Judge Sargent in Armsey v...
I saw an appeals court judge on the street today
Posted on April 22, 2008She said, put that on your blog.And why not? That doesn't happen every day, or even every year.Last year, my wife saw this judge and her gang one afternoon, and she told me later that family was having more fun than anyone else at the Homestead that day...
On concealed weapon permits
Posted on April 21, 2008This article in the Bristol paper makes it look like Judge Freeman is adding some extra-statutory factors in his disposition of concealed weapon permit cases in Smyth County.The article didn't say why the two guys over age 75 decided now was the time to get a permit...
Important decision for small business
Posted on April 21, 2008In Jennings v. Kay Jennings Family Limited Partnership, issued last week, the Virginia Supreme Court took on for the first time the meaning of the requirements to bring a derivative action under Va. Code 50-73.62.That section says: "A limited partner may bring an action in the right of a limited partnership to recover a judgment in its favor to the same extent that a stockholder may bring an action for a derivative suit under the Stock Corporation Act, Chapter 9 (§ 13...
More Brownlee articles
Posted on April 18, 2008Here are other articles about John Brownlee moving on, from the BLT, Rocktown Weekly, the Roanoke Times, the Richmond paper, and The Hook.I discussed this over breakfast at Bodo's with Dana. She said that if he runs in 2009, she will let me put up a sign for him in the front yard.
Where's Waldo?
Posted on April 18, 2008We're in Charlottesville this weekend, but didn't make it anywhere near the Rotunda, or wherever it is that Waldo Jaquith does his webmastering.Instead, we're roughing it out here at the Boar's Head, up from Birdwood.Years ago, I was playing golf with Scott Michaux at the newly-opened Birdwood course, when he made his first eagle on the second hole or whatever is the first par 5 alongside the lake, but he said the joy of the moment was somewhat dulled by the fact that I scored a 12...
Brownlee to resign
Posted on April 17, 2008The Roanoke paper reports that John Brownlee is moving on from his position as U.S. Attorney. The article does not say what he plans to do next.
End the moratorium
Posted on April 16, 2008The Supreme Court has ruled on the lethal injection case that has been holding up death penalty cases in Virginia and elsewhere, the opinion issued today in Baze v. Rees (argued on January 7) is here. And, the vote was 7-2, or maybe it was 2-1-2-1-1-2...
Not much going on here
Posted on April 14, 2008I've got the trial coming up in June in the Buchanan County RICO case, and so it consumes much of my waking hours.But - I have written a few more Wikipedia entries. Some of them are on this partial list of delegates to the Virginia Constitutional Convention of 1901-02...
The "coalfield" article in today's WSJ
Posted on April 14, 2008I've seen a few articles like this one in other places. It begins: "The race for the Democratic nomination hinges on a handful of states where coal is still king," and goes on to make some point about the Virginia City power plant.
Stuff I think I know about summary judgment
Posted on April 04, 2008I know this:"Corroboration is not required to defeat summary judgment. See, e.g., S.E.C. v. Phan, 500 F.3d 895, 909-10 (9th Cir. 2007) (district court erred on summary judgment by disregarding evidence that was ?uncorroborated and self-serving?); Shekoyan v...
Wise County Circuit Court opinion from April 1, 1991
Posted on April 04, 2008Dear Counsel:This is a case of unique species,not stare decisis, but stare feces.The court had serious fun with these complex issues as it spoke,but this opinion, signed the first, is no April Fool joke.The court considered the entire record as a whole,and reviewed counsel arguments as they were told...
Wise County mountain lion?
Posted on April 04, 2008Somebody sent these to my dad, with this note:"This lion was hit between Cherry Reservoir Road and High Knob area (near Wise, VA) by a car. Game and Fish had to come and put him down.He charged at the Fish and Game guy in the process. Look at his PAWS!"I don't know whether this is true, or just one of those Internet deals...
He said it
Posted on April 03, 2008"Mr. Jay, is the government running with the fox and chasing with the hounds?"Justice Scalia, at the oral argument in U.S. v. Clintwood Elkhorn Mining.
Death penalty moratorium?
Posted on April 02, 2008When I wrote this post, one of my auditors declared that Governor Kaine would not stop executions in Virginia.But, he has now - for a while - and for a pretty good reason.
On the future of the federal courthouses in the W.D. Va.
Posted on April 01, 2008In March, the Danville paper had this article, speculating on the future of the federal courthouses in Danville (and Big Stone Gap).The article quotes Libby Sharp from the clerk's office in Big Stone Gap.The article says in part:"In 2007, a congressional committee conducted a comprehensive study of U...
Daniel Gilbert's series on judicial selection
Posted on April 01, 2008Here are the articles, worth reading:Virginia Legislators Have Major Role In Judge Selection, March 30Virginia Judge Selection Process Dates To Reconstruction, March 30Political ties often key for attaining position on the bench, March 31Virginia judge-selection process linked to politics, March 31Data Will Help Lawmakers Determine Judges Qualifications, April 1 Local Bar Associations Felt Neglected Over Endorsements, April 1This group of articles is pretty well-done, and quotes many people, including me...
The Lawson girl who wasn't born when I started with the firm
Posted on April 01, 2008MML's youngest is the new Miss Abingdon. Well done, Maggie.
He said it
Posted on April 01, 2008"The qualities of a good prosecutor are as elusive and as impossible to define as those which mark a gentleman."Robert H. Jackson, in his famous speech on The Federal Prosecutor.
The book of Minors
Posted on March 30, 2008I eventually did receive the reprint of The Minors of Virginia, published in 1926, by John B. Minor. Of course, that is not the John B. Minor, who died thirty years prior.But, he is in there, along with Virginia Minor, William Lewis Herndon, Matthew Fontaine Maury, John Minor Maury, William Andrew Quarles, James Minor Quarles, Charles Minor Blackford, and William Minor Lile...
On broadband in Rose Hill and elsewhere
Posted on March 27, 2008This article about the coming of broadband to Rose Hill in Lee County features my sister, Joan.The article says in part:"The nuts and bolts of how broadband came to Rose Hill is a story of leveraging local funds?cash from the state Tobacco Indemnification and Community Revitalization Commission charged with developing Virginia?s tobacco country?to draw in federal grant monies from the U...
Another book
Posted on March 27, 2008I've been reading Chief Justice: A Biography of Earl Warren, by Ed Cray.The funniest thing in there, I thought, was the statement attributed to Justice Brennan upon his selection to the Supreme Court, likening himself to a mule at the Kentucky Derby: "I don't expect to distinguish myself, but I will benefit by the association...
More on pleading fraud with particularity
Posted on March 24, 2008Last year I wrote this post.So, what good is it?Look at this opinion and then this opinion. To my own way of thinking, that's how you want to use Rule 9 of the Federal Rules, which rule Middleditch and Sinclair says matches what Virginia law requires...
Chief Judge Jones on the U.S. Attorney's blanket approach to crack resentencings
Posted on March 23, 2008This VLW post notes this footnote in U.S. v. Herndon:"This district is reported to have the fourth largest number of defendants who qualify for a reduction in sentence under the U.S. Sentencing Commission?s policy on retroactivity of the amended crack cocaine guidelines...
More books
Posted on March 22, 2008Last weekend, at the in-laws, I read The Hills of Tuscany by Ferenc Mate, an easy and fun book, and, I must confess, a recent offering from Maeve Binchy. To paraphrase Donald Rumsfeld, when you go to the in-laws, you read the books they have.In the mail this week came The Other Venice: Secrets of the City by Predrag Matvejevic, a sort of mystical work with great photographs, and, inevitably, Chow Venice: Savoring the Food and Wine of La Serenissima, Second Edition...
"A horrible embarrassment to the profession"
Posted on March 22, 2008The Washington Post writes here on the funny thing that might happen because court-appointed lawyers in Virginia are too slack to apply for all that cap-waiver money: it will disappear.It says in part:"The General Assembly established the fund so Virginia could shed its label as the country's lowest-paying state for criminal defense lawyers...
On lawyer poets, including Virginia's own
Posted on March 20, 2008This article is about lawyers who are poets.Virginia had a notable one in Armistead C. Gordon, who was among other things a president of The VBA. You can download free from Google Books some of his work, including this book and this book.
Cousin Mara in Africa, Mark II in soap opera
Posted on March 20, 2008My cousin Mara, daughter of Dad's sister Lois and step-daughter of Bristol coal lawyer Tim Lowe, has this blog of her experience in Africa, working at a pediatric HIV clinic.Unrelated to this, MML's son Mark II has landed a role in One Life to Live.
On Florida and Michigan
Posted on March 14, 2008Watching the events unfold in the campaign, I have had cause to recollect that the Supreme Court has already ruled in Cousins v. Wigoda, 419 U.S. 477 (1975), and Democratic Party of U.S. v. Wisconsin ex rel. La Follette, 450 U.S. 107 (1981), that the Illinois state courts got it wrong "in according primacy to state law over the National Political Party's rules in the determination of the qualifications and eligibility of delegates to the Party's National Convention" with respect to the dispute over the seating of the Illinois delegation to the Democratic National Convention and, with respect to the Wisconsin delegation to the 1980 Democratic National Convention, that Wisconsin could not "compel the National Party to seat a delegation chosen in a way that violates the rules of the Party...
Death penalty verdict here in Abingdon
Posted on March 14, 2008Here from the Roanoke paper, here from the Virginia Tech paper, and here from the Richmond paper, are stories about the Washington County jury's recommendation of the death penalty in the case of William Morva. The case was moved for trial from Montgomery County, and tried by the Montgomery County prosecutors...
Boo, hiss
Posted on March 14, 2008The Virginia House of Delegates and the Senate of Virginia adjourned sine die last night without picking any more new judges for the year. Sine die means "without any future date being designated (as for resumption)." They might come back for a special session in April, or they might not...
It's . . . Agee
Posted on March 14, 2008President Bush has nominated Virginia Supreme Court Justice G. Steven Agee for the seat vacated by Michael Luttig on the U.S. Court of Appeals for the Fourth Circuit, following the failed nomination of Richmond lawyer Duncan Getchell. Unlike Getchell, Agee is on the list to which both Senators Webb and Warner agreed, of names for the position...
Wednesday with Judge Turk
Posted on March 12, 2008I went to Roanoke today for a conference with Judge Turk, he was in good humor and there were no great issues at stake, and so it was a good day.And, while I was there, I drove by that new museum, for the first time. What a spectacle it is.
Another book
Posted on March 08, 2008I've been reading Lightning Man: The Accursed Life of Samuel F. B. Morse, which is full of interesting stuff.Morse was a flighty, depressed and most often broke artist, deeply affected by religion, patriotism, and anti-European and anti-Catholic sentiment, who had little to do with his children...
Trying to channel the spirit of an old Big Stone Gap lawyer
Posted on March 05, 2008I've got a case where the dude I need to call is Joshua Fry Bullitt, Jr.Unfortunately, he died in 1933.I thought his story was pretty interesting, but as you can see, some others disagreed and tried to whack that article about him.If you didn't know it, counting Bullitt there are 13 past presidents of The Virginia Bar Association on Wikipedia, including 9 former Virginia Supreme Court justices, 5 former members of the House of Delegates, 4 former members of the Senate of Virginia, 3 former members of the U...
The Larry Sabato of Pennsylvania
Posted on March 05, 2008Up in Lancaster County, where I went to high school and worked one summer in a law firm, there is Franklin & Marshall College, which has its own Center for Politics and Public Affairs, headed by this guy. Instead of being called Larry, he is Terry - Terry Madonna, can that be his name, really?I'd say he will be busy for the next two months until people get bored of talking about the primary in that particular Commonwealth, set for April 22.
More books read in 2008
Posted on March 05, 20081. The Colonel: The Life and Legend of Robert R. McCormick, 1880-1955, by Richard Norton Smith.2. Mornings on Horseback: The Story of an Extraordinary Family, a Vanished Way of Life and the Unique Child Who Became Theodore Roosevelt, by David McCullough...
On the need for weaker medicine
Posted on March 03, 2008I've been mulling over the 53 pages of the Virginia Supreme Court's decision in Jaynes v. Com.There were two opinions. The majority opinion written by Justice Agee concluded that the spammer's conviction should be affirmed, for reasons including his lack of standing to complain about the potential overbreadth of the criminal statute...
Another LeClairRyan merger
Posted on February 27, 2008Here it says that LeClairRyan is merging with Wright Robinson Osthimer & Tatum.Just in case you were wondering if that sort of thing was still going on.
What did the ABA say about those other Fourth Circuit nominees?
Posted on February 26, 2008It says here that the ABA gave the well-qualified rating to Fourth Circuit nominees Robert Conrad and Rod Rosenstein, but Steve Matthews got the dreaded "Q/NQ," as in there was a split vote, and the minority thought the rating should be "not qualified...
On Boucher, Superdelegate
Posted on February 26, 2008This commentary by Paul Goldman reports that somebody has been complaining that Rick Boucher ought to vote for Clinton, since she carried the Ninth District.Sure, as soon as Jennifer McClellan and the rest of the Virginia supers where Obama carried the vote change their endorsements - which they say they will not.
Is this one for Bill O'Reilly, Michael Savage, or Lou Dobbs?
Posted on February 26, 2008The Bristol paper reports here that an illegal immigrant from Mexico was sentenced by Judge Lowe of the Washington County Circuit Court to 26 life terms in prison, one for each month that he molested a young girl.The article does not say which Southwest Virginia employer or employers had been paying him, right here in Washington County...
One for the Chamber of Commerce
Posted on February 25, 2008Over the weekend, the Bristol did a front page story on the continued use of outhouses in Southwest Virginia.I remember the outhouses that were on the farms where my dad grew up and where my mom grew up. The latter was referred to as Grandpa Conrad's "office...
Matthews, you jerk
Posted on February 20, 2008Last night, Chris Matthews slipped a cog and blistered some mild-mannered Texan standing in for the Obama campaign about what legislation has Obama gotten passed, ever in his life.One answer is that Obama, having been a legislator for several years longer than has Ms...
On counting to 2
Posted on February 19, 2008In U.S. v. Gardner, where the federal statute required 2 felony drug convictions for a life sentence, Chief Judge Jones counted only one, concluding among other things that the defendant's fake dope conviction did not count.
Don Shula's first coaching gig - 50 years ago in Charlottesville
Posted on February 19, 2008Doug Doughty has this fun piece about the 50th anniversary of the employment of Don Shula as an assistant football coach at the University of Virginia in 1958, ten years before he went to the Super Bowl as coach of the Colts and fifteen years before his Miami team finished its undefeated season, about which team I have written here and elsewhere.
Should Virginia lawyers be subject to random audits of trust accounts?
Posted on February 18, 2008This article in the Norfolk paper says that this year's VSB President Howard W. Martin, Jr., favors random audits of lawyer trust accounts in Virginia, as has been done in North Carolina for 23 years.I'm in favor, on two conditions: (1) no dues increase, and (2) no discrimination against solos and very small firm lawyers (meaning firms smaller even than ours).
Lack of due diligence?
Posted on February 18, 2008It has been reported here and elsewhere that Judge Kelley of the E.D. Va. is going to resign because: (1) federal judges spend much of their time dealing with icky criminal cases, and (2) partners in D.C. law firms get more money. These obscure facts must have come as shocking revelations, whenever he discovered them during his brief tenure on the bench...
More on the Exam Dream
Posted on February 18, 2008Previously, I've written about The Exam Dream, my own personal version of which most commonly involves Lynda Butler, who at different points in her life taught first calculus and later the Rule Against Perpetuities, and such other and further details as Old Cabell Hall and no bluebook...
A few I missed
Posted on February 17, 2008Overlawyered had this post on the Virginia law of sangria, now subject to an amendment as part of a broader fix of the ABC laws (and which our own Del. Johnson voted against) and this post about a lawsuit against a golf course in Virginia Beach, brought by a passing driver struck by an errant shot - plus a link to this Novak story that says Obama will pick Edwards as AG...
Pleaded v. pled
Posted on February 17, 2008Last month, David Lat had this post, on the topic of which is the more correct usage, pleaded vs. pled, as the past tense of the verb, "to plead."On the state court side, Westlaw gives the impression that Chief Justice Hassell, Justice Kinser, Justice Lemons, Chief Judge Felton, Judge Kelsey, Judge Humphreys, Judge McClanahan, and Senior Judge Coleman prefer "pled," but Judge Elder has more frequently used "pleaded," as did former Chief Justice Carrico...
Late notice
Posted on February 16, 2008Nobody told me that the dog from Bill Bradshaw's law office passed away one year ago. I've never been there when she wasn't.I have a story about that dog, but I can't tell it, except to say that she earned her keep.
Everything wrong with Bill Clinton in one interview
Posted on February 14, 2008Here he says all these things:Bill Clinton dismisses the outcome of the voting in the caucus states, because the caucus participants are "disproportionately favor upper-income voters who, who, don't really need a president but feel like they need a change...
Reading just now
Posted on February 14, 2008I just finished reading Obama: From Promise to Power, by David Mendell, the reporter (and blogger), and started That Man: An Insider's Portrait of Franklin D. Roosevelt, by Justice Robert H. Jackson and edited by John Barrett, the fellow who puts out the Jackson e-mail list...
Up for argument later this month
Posted on February 13, 2008One case is LEVISA COAL COMPANY v. CONSOLIDATION COAL COMPANY, out of Buchanan County, where the assignments of error are these: 1. The trial court?s ruling contradicts the holding in Clayborn v. Camilla Red Ash Coal Co., and other cases, which provides that a coal owner like Levisa owns the coal and appurtenant rights necessary to access and mine its coal, but not unrelated rights such as the right to store mine water from another?s mine...
Frequent filer gets sanctioned by Judge Moon
Posted on February 13, 2008In Thurston v. Melton, Judge Moon of the W.D. Va. ordered Rule 11 sanctions against a pro se litigant, noting that the same plaintiff had previously filed 25 lawsuits, including 12 raising the same claims as in this case. The Court imposed sanctions of $500 and entered a pre-filing injunction against the plaintiff with respect to future cases.
Another methadone clinic zoning case
Posted on February 13, 2008In A Helping Hand, LLC, v. Baltimore County, the Fourth Circuit in an opinion by Judge Motz, joined by Judge Duncan and District Judge Brinkema, held that a methadone treatment clinic that was the target of a zoning ordinance to bump it out of its present location could have a claim under the ADA, but was not entitled to judgment as a matter of law, and the judgment in its favor on its substantive due process claim would be affirmed...
Good riddance
Posted on February 12, 2008Gene Nichol got the jump on the non-renewal of his employment and quit as president of the College of William & Mary, issuing this statement.His self-righteous statement makes the case against himself - his regime will be remembered for the arrogance, intolerance, and petulance...
Ford's effective limitation on consequential damages means no federal jurisdiction for truck claim under $50,000
Posted on February 11, 2008In Burtt v. Ford Motor Company, Senior Judge Kiser of the W.D. Va. granted the defendant's motion to dismiss, concluding that the plaintiff's claimed consequential damages were not recoverable and could not be counted towards the jurisdictional amount for a claim under the Magnuson-Moss Warranty Act.
Wow, that's lame
Posted on February 08, 2008The Post fingers the Republicans for a show-down over the appointments of Justice Goodwyn and Judge Millette, both of whom were given interim appointments by Governor Kaine.There's a quote in there where a Republican legislator says this: "We believe that we should have people that are philosophically associated with us who are judges...
On Judge McGrath
Posted on February 08, 2008Rocktown Weekly has this profile of retiring Circuit Court Judge John McGrath, from the circuit that includes Harrisonburg and Luray.
On the latest bar-passage rate proposal before the ABA
Posted on February 08, 2008Here it is, and here is a story from ABA Journal.The standard is this:"A law school?s bar passage rate shall be sufficient, for purposes of Standard 301(a), if the school demonstrates that it meets any one of the following tests:1) That for students who graduated from the law school within the five most recently completed calendar years:(a) 75 percent or more of these graduates who sat for the bar passed a bar examination, or (b) in at least three of these calendar years, 75 percent of the students graduating in those years and sitting for the bar have passed a bar examination...
On next week's to-do list
Posted on February 08, 2008Put me down as joining up with U.S. Rep. Rick Boucher; Lisa Collis, wife of former Gov. Mark Warner; Norfolk Mayor Paul Fraim; Gov. Timothy M. Kaine; State Sen. Louise Lucas, D-Portsmouth; U.S. Rep. Bobby Scott; and former Gov. Douglas Wilder, according to this list...
On the retirement of a Roanoke district court judge
Posted on February 08, 2008The Roanoke paper has this fine account of Judge Julian Raney, which says in part:"Raney's slender frame, bookish features and reserved manner belie a man who was mentioned in Sports Illustrated as the leading scorer in the Eastern Rugby Union while he played for the University of Virginia, and who overcame a fear of heights to train as a paratrooper before his tour of duty in Vietnam ? which he volunteered for despite misgivings about the war...
Electronic filing coming to the Fourth Circuit
Posted on February 08, 2008In the e-mail bin is this notice of proposed administrative order and this notice of proposed rule amendments, relating to electronic filing in the Fourth Circuit.
Twice as nice
Posted on February 05, 2008Chief Judge Jones of the W.D. Va. issued opinions in two of my cases yesterday, this case and this one.All was not lost, in either.
Worth reading
Posted on February 05, 2008Just lately I've read My Grandfather's Son: A Memoir by Clarence Thomas, and West from Appomattox: The Reconstruction of America after the Civil War, by Heather Cox Richardson.I enjoyed the account of the many struggles and occasional joys of Justice Thomas's life, and I liked the history in the Richardson book, not so much the sociology...
Lawyers commenting on Judge Farmer
Posted on February 05, 2008The Bristol paper had an article by the usually reliable Kathy Still on Monday, evidently not available online (but who knows? you can't find anything on that lousy website), quoting Southwest Virginia lawyers Jay Steele and Hugh O'Donnell on the merits of Judge John Farmer's performance as juvenile and domestic relations judge...
On Judge Tower
Posted on February 05, 2008Via VLW, the Norfolk paper says here that Judge Winship Tower is one of the candidates for a Circuit Court judgeship in Virginia Beach.Add her to the list of those I'm for or against her, whichever way helps. (Hey, it worked for Chad Dotson.)The other contenders sound like a strong bunch...
The Nashville sound - argh
Posted on February 01, 2008There was much wailing and gnashing of teeth earlier this week, as the bad weather in Memphis delayed the "overnight" delivery of the documents I needed, so that they arrived in Bristol about 90 minutes before I needed to account for them to a federal judge...
Tales from the Book Snake
Posted on January 28, 2008As referenced here previously, my wife's Uncle David wrote a book about his life in book collecting, called Memoirs of a Book Snake: Forty Years of Seeking and Saving Old Books. The term "book snake" was a malapropism from the wife of one of his book and magic friends, who was attempting the term "book worm...
The late Judge Dalton
Posted on January 28, 2008There is now a tolerable Wikipedia page for Ted Dalton, besides 14 other past judges of the Western District of Virginia.
Judge Farmer out?
Posted on January 24, 2008This VLW Blog post said that Senator Puckett has declared his opposition to the reappointment of Judge John Farmer of the J & DR court in the district of Buchanan, Dickenson, Tazewell, and Russell counties.Nobody's told me who will get the circuit court job for that same area, maybe because nobody knows...
In case you missed it
Posted on January 24, 2008It says here:"A warming global ocean ? influencing the winds that shear off the tops of developing storms ? could mean fewer Atlantic hurricanes striking the United States according to new findings by NOAA climate scientists."
Rhythm and Roots 2008 - Doc Watson and Ralph Stanley
Posted on January 23, 2008The word is out that the 2008 Rhythm and Roots Reunion in downtown Bristol will feature both Doc Watson and Ralph Stanley.
On John Cook
Posted on January 23, 2008It says here that John Cook of the Caskie and Frost firm in Lynchburg is up for a circuit court judgeship, and he has been rated well qualified by his local bar.He can tell others that I am 100% for him or against him, whichever will do him the most good.
Dismissal in section 1983 case upheld on grounds of lack of state action
Posted on January 23, 2008In German v. Fox, the Fourth Circuit in a per curiam opinion for the panel of Judges Motz and Duncan and District Judge Brinkema affirmed the dismissal of a section 1983 claim related to the plaintiff's dismissal from employment with a private, non-profit organization...
I'm Spartacus! No, I'm Spartacus!
Posted on January 23, 2008In Horace Mann Ins. Co. v. General Star Nat'l Ins. Co., the Fourth Circuit in an opinion by Judge Traxler, joined by Judges Niemeyer and District Judge Wilson of the W.D. Va., decided the competing claims of two insurers to the exalted position of the "excess" carrier, and reversed the decision of the District Court (the N...
Funky place where we ate in Williamsburg
Posted on January 23, 2008One place where we ate in Williamsburg last weekend was the Opus 9 Steakhouse - the two of us ate for $125, so it was not Shoney's. The place is in New Town.
What I remember seeing in Nice and Monaco
Posted on January 22, 2008There was some effort made to influence my decision regarding the purchase of some lavender in Nice, and just outside that same market, I did see some substantial crookedness - on display alongside the main road by the beach, in broad daylight. In Monte Carlo, we saw the courthouse - with "LEX" over the front door - but no judges, and it seemed a far less impressive building than the casino.
Post No. 7,000
Posted on January 22, 2008In the category of "Now it can be told"The Chicago Tribune has this story of two public defenders who kept the secret of their client's murder confession, until his recent death.Closer to home, a Virginia lawyer who represented a co-defendant in the Daryl Atkins case came forward with information that created doubt about his client's confession and led the circuit court to change Atkins' sentence to life in prison, as described here in the New York Times and here in the Washington Post...
Interesting stuff
Posted on January 22, 2008The New York Times has the photos of West Virginia Supreme Court Chief Justice Maynard, hanging out with Don Blankenship in Monte Carlo, while the appeal of the $50 million verdict in favor of Harman Mining and against Blankenship's company was unresolved...
J&DR judges
Posted on January 22, 2008The House of Delegates has named some juvenile and domestic relations district court judges, including:The Honorable Florence A. Powell, of Washington, as a judge of the Twenty-eighth Judicial District for a term of six years commencing February 1, 2008...
Any means any
Posted on January 22, 2008Today in Ali v. Federal Bureau of Prisons, the Supreme Court in an opinion by Justice Thomas concluded that the exclusion to the waiver of sovereign immunity in the Federal Tort Claims Act for "claims arising from the detention of property by 'any officer of customs or excise or any other law enforcement officer'" is not limited to "law enforcement officers enforcing customs or excise laws," but includes prison officials...
What Justice Koontz said at the VBA meeting
Posted on January 21, 2008Justice Koontz talking about brief-writing said one thing the appellee should do is to organize its brief in the same way as the appellant's brief, no matter how inane, so that the brief readers can do a side-by-side analysis of the issues, one by one...
The transcript from Virginia v. Moore
Posted on January 21, 2008Here is the transcript from the argument before the Supreme Court in the case of Virginia v. Moore, about which I had this post earlier.The people I talked to in Williamsburg seemed to think the argument went well for the Commonwealth, but then the ones telling me this all had a rooting interest...
Boucher picks Obama
Posted on January 21, 2008As reported here in the Kingsport paper and here in the Richmond paper elsewhere, Southwest Virginia congressman Rick Boucher has endorsed Barack Obama.In 1998, Congressman Boucher made this statement about President Bill Clinton, which says in part: "He has diminished his personal dignity and that of the office of the presidency...
Gone to the Winter meeting in Williamsburg
Posted on January 15, 2008Hey, maybe I'll see you there.
More on the (Floyd) Roberts nomination
Posted on January 13, 2008On February 7, 1939, after the U.S. Senate voted to deny confirmation to Floyd Roberts of Bristol to the second seat on the U.S. District Court for the Western District of Virginia, President Roosevelt wrote this letter to Roberts, which says in part:"My dear Judge Roberts:I feel that in justice to you and your family I should write to you in regard to the refusal of the Senate to confirm your appointment as United States District Judge for the Western District of Virginia...
Quotes from the latest round of Virginia Supreme Court opinions
Posted on January 13, 2008"There is good reason for the rule that appellate courts must defer to the factual findings of the trial judge in Fourth Amendment cases. The fact patterns in such cases arrive in infinite variety, seldom or never exactly duplicated. Moreover, they involve consideration of nuances such as tone of voice, facial expression, gestures and body language seldom discernable from a printed record...
On the intervention of the Commonwealth in the Episcopal Church property litigation
Posted on January 13, 2008The Washington Post reports here ("State Files to Join Episcopal Case," by Michelle Boorstein, Saturday, January 12, 2008; Page B03), that Attorney General McDonnell has petitioned for leave of court to allow the Commonwealth to intervene in the much-publicized litigation pending in Fairfax County Circuit Court over the property rights of breakaway conservative congregations...
On moonshine in Southwest Virginia
Posted on January 13, 2008Back on January 8, the Washington Post published this story by Jerry Markon on the continuation of the moonshine business in Franklin County and elsewhere.It says in part:"Since Prohibition, southwestern Virginia has been a hub of moonshine production, along with North Carolina and a few other Southern states...
On showing the Super Bowl on a really big screen at church
Posted on January 13, 2008The Daily Progress has this story that says that fellow from the Rutherford Institute wants to take on the National Football League on the issue of displaying NFL games on big screens in churches.
On painkiller abuse in Southwest Virginia
Posted on January 12, 2008Sunday's Washington Post has this lengthy report, particularly methadone. The article associates the problem with coal mining, but I wonder whether a likelier cause would be lack of coal mining employment, the level of employment in the mines is not what it was notwithstanding the rise in energy prices.
Worth reading
Posted on January 12, 2008Williamsburg's own National Center for State Courts has this report on future trends in state courts. You'd think that with the NCSC here, Virginia's state courts would be the most advanced in the nation, or at least the most considered. I can't get over the Virginia Supreme Court's new font rule (Courier-Verdana) as a metaphor for whatever else ails Virginia's court system; whoever conceived and supported that rule doesn't read or doesn't care what the "experts" think (much less the crackpots like myself)...
Worth reading
Posted on January 10, 2008Here is an interesting article on the oral argument before the Supreme Court in the medical practice cases involving the issue charitable immunity, quoting Steve Emmert among others who participated in the argument. The issue was described "as the most significant matter taken up by the court regarding medical malpractice since 1990, when the Virginia Supreme Court upheld the state's limit on malpractice awards...
What have these cases got in common?
Posted on January 09, 2008An elderly ex-mayor in Northern Virginia got a suspended jail sentence for running a brothel in a strip mall, as described here in the Washington Post.A former town employee in Southwest Virginia convicted of reselling pipe bought with town money "was sentenced to 27 months in prison and ordered to pay back $139,962 of town money," according to this story in the Roanoke Times.
Notables
Posted on January 08, 2008Judge Wilkinson dissented here from the denial of rehearing en banc in the Virginia Republican primary case. He wrote: "At a minimum, courts should not use the American Constitution to weaken the centrist impulses in American politics. It should be clear that an open primary, where candidates must compete for votes beyond their party?s core adherents, is a permissible choice for a state to make...
On standards of review
Posted on January 08, 2008In Evans v. Eaton Corp. Long Term Disability Plan, Judge Wilkinson wrote this on standards of review:"The purpose of standards of review is to focus reviewing courts upon their proper role when passing on the conduct of other decisionmakers. Standards of review are thus an elemental expression of judicial restraint, which, in their deferential varieties, safeguard the superior vantage points of those entrusted with primary decisional responsibility...
On Judge Hogan
Posted on January 08, 2008Last month, I mentioned Judge Thomas F. Hogan of the United States District Court for the District of Columbia in a post, and now I read here in the Post that that he is taking senior status.The story begins:"On the wall of his chambers looking out on the U...
The swallows and the crystal ball
Posted on January 08, 2008Today, in John R. Sand & Gravel Co. v. U.S., the Supreme Court by 7-2 vote held that the statute of limitations for a claim against the U.S. under 28 U. S. C. §2501 could not be waived.Distinguishing other cases where the limitations statutes for claims against the Government were held to be waivable, or subject to equitable estoppel, Justice Breyer concluded: "But these few swallows cannot make petitioner?s summer...
More on Moore v. Com., the Rule 5A:12 case
Posted on January 07, 2008AL&P has a post about my post, and their title is Virginia sua sponte converts criminal procedure nerdery to jurisdictional oppression.
Better than a bake sale
Posted on January 07, 2008In the works for this legislative session is a provision that would amend the charter for the City of Martinsville to specify what happens if the City sells something it owns (like, a cable system?) for $10 million to $20 million.
Kentucky Speedway loses anti-trust claim against NASCAR
Posted on January 07, 2008Today in the E.D. Ky., Senior Judge Bertelsman granted NASCAR summary judgment on the anti-trust claims brought by the Kentucky Speedway, LLC., Case No. 05-138, over NASCAR's refusal to let the Kentucky track have a NEXTEL cup race.The Court concluded that "a producer of a product is free under current antitrust laws to select its distributors and to refuse to deal with would-be distributors, no matter how worthy or deserving they may be...
Story of the day
Posted on January 07, 2008The Bristol paper has this story of a boy from Abingdon who enjoyed the Show Us the Cow contest in his final days.
Funky No Child Left Behind ruling from the Sixth Circuit
Posted on January 07, 2008In Pontiac School District, et al. v. Secretary of the United States Dep?t of Educ., a a split panel of the Sixth Circuit let some local school boards off the hook from compliance with the federal No Child Left Behind Act. The majority opinion begins:"This case requires us to decide a fundamental question of federal versus state funding under the No Child Left Behind Act of 2001 (?NCLB? or ?the Act?), 20 U...
Why Hillary Clinton will outlaw the Super Bowl and perhaps the entire month of January
Posted on January 07, 2008If Ms. Clinton could turn the page over to February, I'd say she would have done it by now, this year and many of the years past. What I wonder is why anyone would want her as the candidate, with all the tired old whacky background, mixed in with these Super Bowls -January 26, 1992: Washington Redskins beat Buffalo Bills, 37-24, in Super Bowl XXVI...
Of Miner and Minor
Posted on January 04, 2008After mulling it over for a few years, I have actually ordered a copy of The Minor Family of Virginia, listed on this page.Since this book by John B. Minor was published in 1923, I don't know, however, whether I could use it to prove kinship to the Chicago lawyer named Judson Miner, who according to this article hired Barack Obama to his first job out of law school.
Fourth Circuit affirms denial of post-conviction relief in Winchester death penalty case
Posted on January 04, 2008In Bell v. Kelly, the Fourth Circuit in a 19 page opinion by Judge Shedd, joined by Judges Niemeyer and Duncan, affirmed the decision by Chief Judge Jones of the W.D. Va. to deny the petition for habeas corpus of Edward N. Bell, who was sentenced to death in state court for the murder of a Winchester police sergeant in 1999.
The legendary D'Antoni
Posted on January 03, 2008From the Arizona Republic, here is a delightful profile of Lewis D'Antoni, still living in West Virginia at age 94, the father of the head coach (and assistant coach) of the Phoenix Suns.The article says in part:"Lewis D'Antoni, who turned 94 on New Year's Eve, is a legend in this small coal-mining town nestled among the Appalachians...
On Judge Wood
Posted on January 03, 2008The Staunton paper has this report on the retirement of Augusta County Circuit Court Judge Thomas Wood, a good man and good judge, to my observation.
Last week's Virginia Court of Appeals opinion on questions presented
Posted on January 03, 2008The en banc opinion in Moore v. Com. is about the appellant's lawyer citing the wrong legal standard in stating the questions presented under Rule 5A:12, and thereby failing to present a question using the right legal standard, with the result that the case was booted without a decision on the merits...
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