Posts filtered by tags: Virginia[x]


Argument analysis: Justices divided in Virginia racial-gerrymandering case

The Supreme Court heard oral argument today in a challenge to the map drawn in 2011 for Virginia’s House of Delegates. A group of African-American voters allege that the state legislature engaged in racial gerrymandering – that is, it relied too much on race when it drew 11 of the state’s districts, which would violate the Constitution. But the state legislators defending the map argue that, although race was one of the factors that the legislature considered, it wasn’t the only one. After rough...
Tags: Featured, Supreme Court, Law, Virginia, House, Norfolk, Republican, Paul Clement, Democratic, Sonia Sotomayor, House of Delegates, Roberts, Howe, Alito, Virginia Supreme Court, Sotomayor

Justices grant four new cases (Corrected)

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Corrections

Justices grant four new cases

The Supreme Court issued orders from last week’s private conference. The justices added four new cases to their docket for next term and asked the U.S. solicitor general to weigh in on two more cases. The justices also rejected an appeal from a Georgia death-row inmate who alleges that one member of the jury that convicted him was biased against the inmate because of his race. In Kansas v. Garcia, the justices will review a ruling by the Kansas Supreme Court that reversed the convictions of Rami...
Tags: Featured, Supreme Court, Law, Congress, Washington, Virginia, Court, Alabama, Georgia, Indiana, United States, Social Security, New Orleans, Kansas, Louisiana, Patterson

SCOTUS takes up Miller retroactivity, unanimous juries, the insanity defense and criminal preemption in latest order list!

The Supreme Court is back in action this morning and today's order lists includes a list of four cases in which certioriari is granted.  Four criminal grants would enough to warm a chilly morning for me, but all four cases involve fairly "big ticket" concerns.  With the help of SCOTUSblog, here is the list of granted cases:  Mathena v. Malvo, 18-217 Issue : Whether the U.S. Court of Appeals for the 4th Circuit erred in concluding — in direct conflict with Virginia’s highest court and other cou...
Tags: Supreme Court, Law, Virginia, Alabama, Kansas, Graham, Louisiana, Montgomery, Miller, Garcia, U S Court of Appeals, Ramos, Douglas A Berman, IRCA, Malvo, Kahler

What Would Be Taxes from Selling a Fixer Upper That My Minor Son Inherited

My question involves real estate located in the State of: Virginia My minor son inherited a fixer upper. While waiting my son to turn 18 I fixed it up to increase it’s value. I worry that the taxes could be real high from selling it. Would it be a good idea to move to fixer upper and sell a current house (living here since 2005) to reduce the taxes for selling a real estate? Thank you.
Tags: Law, Virginia, Buying, Selling and Conveying Real Estate

Same Same

The District of Columbia Court of Appeals has imposed reciprocal discipline for an attorney's misconduct in Virginia, where she was not admitted to practice. Ms. Styles-Anderson is a member of the District of Columbia Bar, but is not admitted to... [Author: Legal Profession Prof]
Tags: Law, Virginia, Anderson, Legal Profession Prof, Bar Discipline & Process, District of Columbia Court of Appeals, District of Columbia Bar

Caroline No

A public reprimand without terms has been imposed by the Sixth District Subcommittee of the Virginia State Bar on the elected Commonwealth's Attorney of Caroline County. The Complainant had been an intern in his office in 2008 while a law... [Author: Legal Profession Prof]
Tags: Law, Virginia, Commonwealth, Legal Profession Prof, Bar Discipline & Process, Caroline County, Sixth District Subcommittee

Paul Manafort gets additional (consecutive) 43 months in prison at second sentencing, resulting in 7.5 year total term

As reported in this Politico piece, headlined "Paul Manafort’s prison sentence was upped to seven-and-a-half years on Wednesday, bringing an end to Robert Mueller’s most public legal battle and capping a spectacular fall for the globe-trotting GOP consultant and former chairman of the Trump campaign." Here is more: It's the longest sentence by far for anyone ensnared in Mueller’s nearly two-year-old probe. Manafort’s punishment reached its final length after U.S. District Court Judge Amy Berman...
Tags: Law, Obama, Virginia, Ukraine, Gop, Moscow, Jackson, Donald Trump, Trump, U S District Court, Mueller, Alexandria Va, Robert Mueller, Douglas A Berman, Amy Berman Jackson, Prez Trump

Argument preview: Virginia racial gerrymandering case returns to Supreme Court

The issue of gerrymandering will be front and center at the Supreme Court in March. On March 26, the justices will tackle two of the highest-profile cases of the term, involving partisan gerrymandering – the idea that state officials went too far in considering politics when redistricting, by drawing maps that favor one political party at another’s expense. But first, on March 18, the justices will once again tackle another thorny issue: accusations of racial gerrymandering, the idea that legisl...
Tags: Featured, Supreme Court, Law, Virginia, Doj, General Assembly, Vra, House of Delegates, The Supreme Court, Howe, Merits Cases, Virginia House of Delegates, Bethune Hill, Toby Heytens, Heytens, Supreme Court In 2017 the Supreme Court

"The Six Wings Of The Democratic Party."

According to FiveThirtyEight:The Super Progressives — Very liberal on economic and identity/cultural issues, anti-establishment... Prominent examples: Ocasio-Cortez , Rep. Ilhan Omar of Minnesota, Rep. Mark Pocan of Wisconsin.... People in this bloc generally see the Democratic Party as too centrist and too cautious...The Very Progressives — Very liberal on economic issues, fairly liberal on identity issues, skeptical of the Democratic establishment. Prominent examples: Bill de Blasio, Sen. Jeff...
Tags: Minnesota, Law, Obama, Oregon, Virginia, Barack Obama, Pennsylvania, New Jersey, Wisconsin, Louisiana, Democratic, Democratic Party, Pelosi, FiveThirtyEight, Josh Gottheimer, Mark Pocan

Woman who faked pregnancy, promised adoption indicted on nine felony counts

Faking a pregnancy doesn’t appear to be against the law. But using a false pretense to convince a potential adoptive family to buy baby clothes, photographs and meals – those incidents could land a Virginia woman in jail. A grand jury in Scott County, Virginia, returned a nine-count felony indictment against Elizabeth Jones, the woman who is accused of convincing Matt and Laura Trayte from Southern California that she was pregnant and they could adopt her baby. The crime in each count is listed ...
Tags: Facebook, News, Law, Virginia, Sport, People, Soccer, Jones, Commonwealth, Southern California, Matt, Applebee, Lake Forest, Elizabeth Jones, Disney Store, Lake Forest CA

Relist Watch

John Elwood previews next Monday’s likely relists. With my long-awaited argument finally out of the way, my preparations will no longer keep me from creating humorous and informative posts on the relisted cases the Supreme Court is considering; instead, my lack of talent will. We had fairly little movement at the last conference. We got an opinion respecting the denial of certiorari in two cases that had been relisted five times. And one new grant in a case involving Yeezy’s latest persona. But ...
Tags: Featured, Supreme Court, Law, Congress, Colorado, Virginia, Alabama, Georgia, Indiana, Dhs, Walgreens, United States, Ford, Wheeler, Davis, Kansas

Any bold predictions for Paul Manafort's (first) sentencing hearing?

As reported in this Reuters piece, "President Donald Trump’s former campaign chairman Paul Manafort will be sentenced by a U.S. judge in Virginia on Thursday for bank and tax fraud uncovered during Special Counsel Robert Mueller’s investigation into Russia’s role in the 2016 election."  Here is more reporting setting the basic context: U.S. District Judge T.S. Ellis could deliver effectively a life sentence to Manafort, 69, if he follows federal sentencing guidelines cited by prosecutors that c...
Tags: Law, Washington, Virginia, Russia, Ukraine, Dc, Republican Party, Kremlin, Jackson, Donald Trump, Alexandria, Reuters, Ellis, Mueller, Jonas Savimbi, Viktor Yanukovych

Virginia May Become A Little Less Discriminatory, But It’s Still In The Yellow Zone

Many of the significant issues with the statute remain.
Tags: Law, Virginia, Family law, Surrogacy, Small Law Firms, I Want To Put A Baby In You, Ellen Trachman, Yellow Zone

Military investigating Marine blackface video out of Miramar

MIRAMAR — Military officials have launched an investigation into two Marines who were involved with a blackface video first posted on Snapchat. The video, which originally appeared Feb. 23 on Snapchat and has since gone viral on Twitter, shows two white Marines dressed in their combat uniforms. Both of the Marines have black on their faces. One Marine can be heard saying “blackface.” The other Marine then puts on his cap, salutes and says, “Good morning, sir.” The video ends with the first Marin...
Tags: News, Virginia, Sport, Marine, Soccer, Military, Middle East, Marines, Local News, Miramar, Syria Iraq, Walker, Mark Herring, Mead, Ralph Northam, Marine Corps Air Station Miramar

You’re Only as Good as Those with Whom You Contract

I have been beating the drum of the need to have a solid construction contract as the basis for your construction project and contractor/subcontractor/supplier relationships. I have also emphasized that communication early and often is one of the best ways to assure a smooth project.  However, the sad truth is that even with the best contract drafted with the assistance of an experienced construction attorney, if the other party to the contract simply decides not to perform, whether that is thro...
Tags: Law, Virginia, Construction, Contracts, Richmond VA, Construction Law, Virginia Construction Attorney, Business of Construction, General contractor, Mechanic's Lien, Construction Contract, Construction Mediator, Construction Project

Post-Charlottesville Doxxing and Misidentification Creates Legal Risks–Vangheluwe v. GotNews

This is a lawsuit brought by former owners of a car who were incorrectly identified as the driver of the vehicle (and his father, respectively) who ploughed into a crowd of pedestrians in Charlottesville. In the wake of the planned alt-right demonstrations, a gray 2010 Dodge Challenger drove into a crowd of pedestrians and killed Heather Heyer. Several posters and a news organization (GotNews, of Chuck Johnson fame) wrongly identified Joel Vangheluwe as the driver-perpetrator. The grey Challeng...
Tags: Supreme Court, Law, California, Virginia, House Of Representatives, Cbs, Michigan, Johnson, Charlottesville, Chuck Johnson, Calder, Privacy/security, Joel, Eric, Michigan Supreme Court, Jerome

A piecemeal, but promising start for Laura’s Law to help severely mentally ill in California

UC Riverside medical students Josue Reynaga and Betty Nguyen gather information from Annette Alonzo, 53, and William Robinett, 53, from their camp near the intersection of Tyler Street and Hole Avenue during the Tuesday, Jan. 29, homeless count.(Photo by Will Lester, The Press-Enterprise/SCNG) A homeless woman along 9th Street in San Bernardino listens to Sheriff deputy Mike Jones as he gathers the womans information during the San Bernardino County 2019 Point-in-Time Homeless Count in downto...
Tags: News, Law, California, Government, Senate, Virginia, Los Angeles, Sport, Soccer, Nevada, Pasadena, Orange County, Mike Jones, Nevada County, San Bernardino, Gale

Relist Watch

John Elwood reviews Monday’s relists. With the recent reduction in trusted sources for Supreme Court news, untrusted news sources must do our best to fill the gap. So even though I have an argument approaching, I will once again try to rise to the occasion. Happily for me, it’s a light week for relists. First the old business. The court finally resolved that tangle of 56 Armed Career Criminal Act cases pretty much the way I expected. Otherwise, from last week’s installment, we had one denial, ...
Tags: Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, Kanye West, United States, Wheeler, Kansas, Louisiana, Nielsen, Naacp

Morning Docket: 02.27.19

* Cooley Law's most infamous graduate goes down: Following his guilty pleas on federal felony charges -- some of which were allegedly related to his work for Donald Trump -- Michael Cohen has been disbarred. [New York Law Journal] * Meanwhile, Michael Cohen is going to be testifying today before the House Oversight Committee, and Rep. Matt Gaetz (R-FL 1st District) allegedly took it upon himself to tamper with the witness via tweet. [Tampa Bay Times] * Here’s Michael Cohen’s opening statement,...
Tags: Supreme Court, Law, Police, Senate, Virginia, Russia, Religion, America, United States, New York Times, House Of Representatives, Donald Trump, Law Schools, Legal Ethics, Cnbc, Trump

Contractors and Subcontractors: I Would Like to Get Out of Possible Construction/Roofing Contract Hours After Signing

My question involves a consumer law issue in the State of: Virginia I was offered a "free estimate" from a contracting company while I was shopping in a warehouse store. I accepted it because my roof needs work. The estimate was done today and when I told the rep I couldn't afford that price, he offered me financing. He said he needed to check my credit score and asked me to send a copy of my W2. In the meantime, he gave me what he called an "application" for financing to fill out, which I ...
Tags: Law, Virginia, Construction, Repair and Renovation

Paul Manafort's sentencing memorandum in DC makes pitch for a sentence "significantly below" ten years

As reported in this Politico piece, counsel for "Paul Manafort, the former Trump campaign chairman, pleaded on Monday for a federal judge to spare their 69-year-old client from a sentence that would essentially send him to prison for the rest of his life."  Here is more about the latest sentencing filing: In a 47-page filing, Manafort’s attorneys described a client who has been “personally, professionally, and financially” broken by special counsel Robert Mueller’s Russia investigation and who ...
Tags: Law, Washington, Virginia, Russia, Ukraine, Dc, Jackson, Republican, Trump, U S District Court, Ellis, Enron, Mueller, Robert Mueller, Douglas A Berman, Amy Berman Jackson

Latest Manafort sentencing memorandum from Special Counsel pulls few punches

As reported in this Politico article, a "federal judge should consider giving former Trump campaign chairman Paul Manafort a sentence that would send him to prison for at least 17 and a half years, special counsel Robert Mueller said in a court filing made public Saturday."  Here is more from the article about the filing and the legal context now: Manafort faces a pair of sentencing hearings in the coming weeks in Virginia and in Washington where judges will determine what punishment he should ...
Tags: Law, Congress, Washington, Virginia, Fbi, United States, Dc, Jackson, Alexandria, Trump, U S District Court, Ellis, Mueller, Federal Bureau of Investigation FBI, Robert Mueller, Douglas A Berman

Lessons to Learn? Federal Circuit Disqualifies Firm Adverse to Members of Corporate Family of a Client

By David Hricik, Mercer Law School In an order granting motions to disqualify — rather than analyzing with discretion a decision of a district court — the Federal Circuit disqualified Katten Muchin Rosenman LLP (“KM”) from representing parties in appeals styled Dr. Falk Pharma GMBH v. Salix Pharma. Int’l., Inc. and Salix Pharma., Inc. v. Mylan Pharma., Inc., available here. The case involves a number of issues, some of which are obscured by discussion of agreements that, in large measure, turned...
Tags: Law, Virginia, Ethics, New Jersey, Patent, Mylan, O'Malley, Second Circuit, Federal Circuit, IPR, Bausch, Bausch Lomb, Alston Bird, Katten Muchin Rosenman, PTAB, Mylan Pharma Inc

Relist Watch

John Elwood reviews Tuesday’s relists. I have an argument coming up, so I’m going to be fairly summary today. There was a fair amount of turnover at the February 15 conference, with one relist getting the nod (while its companion case had to settle for a hold) and one lucky petitioner winning summary reversal. Although the court to a former congressman who sought to challenge criminal charges he was facing, Justice Sonia Sotomayor at least filed an opinion acknowledging that the issue he raise...
Tags: Florida, Featured, Supreme Court, Law, Congress, Virginia, Freedom, Alabama, Indiana, Dhs, United States, Social Security, Wheeler, English, Kansas, Ohio

Morning Docket: 02.19.19

* 16 states, including New York and California, filed a lawsuit against President Donald Trump yesterday -- yes, on President's Day -- challenging his declaration of a national emergency. [NBC News] * Meredith Watson, one of the women to accuse Virginia Lieutenant Governor and MoFo partner Justin Fairfax of sexual assault, writes in an op-ed that she's willing to publicly testify about the allegations. [Washington Post] * North Carolina elections shenanigans: state investigators the allege Rep...
Tags: New York, Law, California, Washington Post, Virginia, Marijuana, Nbc News, New York Times, Wisconsin, North Carolina, Donald Trump, Huffington Post, Justice Department, Online Gambling, Gibson Dunn, Tony Evers

SCOTUS via 6-3 vote rules Texas yet again misapplied its Eighth Amendment jurisprudence prohibiting the execution of those with intellectual disability

In the middle of this lengthy new SCOTUS order list, which has lots of cert denials and individual opinions about cert denials, is one notable Supreme Court opinion on the merits in Moore v. Texas, No. 18–443 (S. Ct. Feb. 19, 2019). The start and last substantive paragraph of the 10-page per curiam opinion for the Court provides the basics: In 2015, the Texas Court of Criminal Appeals held that petitioner, Bobby James Moore, did not have intellectual disability and consequently was eligible for...
Tags: Texas, Supreme Court, Law, Virginia, Court, Atkins, Thomas, Moore, Roberts, Alito, Kavanaugh, Texas Court of Criminal Appeals, Gorsuch, Douglas A Berman, Justices Alito, Bobby James Moore

Travis judges reject public defender, DA discretion the solution to budget constraints, crime deterrent from traffic stops minimal, and other stories

Here are a few browser clearing odds and ends that merit Grits readers' attention: Travis County judges refuse state money for public defender office Travis County's bid to create a public-defender office isn't officially dead yet, but it may as well be after Presiding Judge Brenda Kennedy authored a letter saying local judges unanimously opposed the idea. Kennedy has urged judges not to speak for themselves and has thrown their support solidly behind the local criminal defense bar, which habitu...
Tags: Texas, Law, California, Virginia, Va, Nashville, Houston, Kennedy, Houston Chronicle, Harris County, Travis, George Powell, Texas Tribune, Texas Legislature, Acevedo, Travis County

Special Counsel's office files sentencing memorandum for Paul Manafort seemingly supporting guideline range of 235 to 293 months' imprisonment

As reported in this Politico article, headlined "Mueller: Manafort deserves 19.5 to 24.5 years in prison for Virginia convictions, Special Counsel Robert Mueller filed this submission "to address the sentencing of defendant Paul J. Manafort, Jr."  The Politico piece, along with lots of other press accounts, report that "Robert Mueller’s office recommended on Friday that Paul Manafort get up to 24-and-a-half years in prison for his conviction last summer for financial malfeasance."  But a careful...
Tags: Law, Virginia, Politico, United States, Dc, United States Treasury, Robert Mueller, Douglas A Berman, Probation Department, Prez Trump, Manafort, Paul Manafort, Rick Gates, Paul J Manafort

When is an Improvement not an Improvement on a Construction Project?

Originally posted 2012-09-21 08:00:01. Today I am back on the legal analysis/interesting case train after a few weeks of getting my new solo practice (thank you to all who have wished me well in this endeavor) up and running and discussing various green building trends and topics. This week’s case discusses the operation of the Virginia construction “statute of repose” that operates as a 5 year cut off on any claim relating to improvements to a property and runs from the completion of any impr...
Tags: Construction Law, Contracts, Contract, Law, Statute of limitations, Virginia, Virginia Circuit Court

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