The VLW Blog

The following selected stories appeared in the Virginia Lawyers Weekly Daily E-Mail Alert from June 5 to June 8. The originating source of a story is indicated after the item. Please note that not all links may remain active. If you are not presently receiving the Daily Alert, please click here to sign up.

June 5

Rep. Jefferson indicted on corruption charges

Rep. William J. Jefferson, D-La., has been indicted on corruption charges in federal court in Alexandria, reports the Washington Post.

Roanoke law firm mulls move, stays put

Officials at Gentry Locke Rakes Moore thought long and hard about moving into the Heironimus Building in downtown Roanoke, a structure built as a furniture store in 1905. But according to the Roanoke Times, the firm will remain in the SunTrust Bank Building.

Father sues restaurant following teen’s death

The father of a teen killed in March by a man police say was a drunken driver has filed a $10 million lawsuit against the restaurant that allegedly served alcohol to the man and allowed him to drive, reports The Virginian-Pilot.

June 6

Richmond grocer’s case now with the jury

A Richmond circuit jury will resume deliberations this morning in the case of a former grocer who claims a Minnesota-based grocery wholesaler ruined his business, reports the Richmond Times-Dispatch. The jury got the case yesterday after 11 days of testimony.

Suffolk prosecutor leaves post to head hospital program

Marie Walls, the deputy commonwealth’s attorney in Suffolk, is leaving that position after almost seven years on the job to become the director of the child-abuse program at a local hospital, reports The Virginian-Pilot.

Law firm to advise Tech shootings panel

Gov. Tim Kaine and Attorney General Bob McDonnell announced yesterday that they have agreed to have an outside law firm advise the special panel studying the Virginia Tech shootings, reports The Associated Press. Lawyers from the DC office of Skadden, Arps, Slate, Meagher & Flom LLP will handle the work on a pro bono basis.

Spotsylvania J&DR clerk to run for circuit clerk

Christy Jett, clerk of the Spotsylvania County J&DR Court since 1999, has announced that she will run for Circuit Clerk, reports The Free Lance-Star. She is challenging incumbent Paul Metzger.

Couple who served alcohol to teens headed to jail

George and Elisa Robinson, the now-divorced Albemarle County couple that was sentenced to 27 months in jail for serving alcohol to teens nearly five years ago, will be reporting the jail Monday, reports The Daily Progress. The U.S. Supreme Court has declined to hear their appeal.

Abingdon’s Judge Brown dies at 77

Retired General District Judge David Brown, who served as Washington County commonwealth’s attorney for many years before going on the bench in 1982, died last week at the age of 77. The Bristol Herald Courier has the obituary.

June 7

Abingdon drive-in gets landmark status

Two state agencies yesterday approved placing the Moonlite Theatre, an old-style drive-in near Abingdon, on the Virginia Landmarks Register, reports the Bristol Herald Courier. The agencies also will recommend that the Moonlite be added to the National Register of Historic Places.

Ex-grocer wins $16M verdict in Richmond

Johnny Johnson, former owner of the Community Pride grocery stores in the Richmond area, sued Supervalu, a large grocery supplier, for essentially forcing him out of business. Yesterday the jury returned a $16 million verdict in his favor, reports the Richmond Times-Dispatch.

Longtime Pittsylvania Circuit Clerk to seek another term

H.F. Haymore Jr., who has served as Circuit Clerk in Pittsylvania County for 23 years, announced yesterday he will seek a fourth term in November, reports the Danville Register & Bee.

June 8

Feds search Vick property in Surry County

Federal agents and state police, apparently using a federal search warrant, were digging at the Surry County property owned by Atlanta Falcons quarterback Michael Vick, reports the Richmond Times-Dispatch. The Surry commonwealth’s attorney said he was “absolutely floored” to see the feds involved in the dogfighting investigation at the Vick home.

The following selected stories appeared in the Virginia Lawyers Weekly Daily E-Mail Alert from May 21 to May 25. The originating source of a story is indicated within the item. Please note that not all links may remain active. If you are not presently receiving the Daily Alert, please click here to sign up.

May 21

Lawsuit filed over Pittsylvania hunting accident

A man hurt in a 2005 hunting accident has filed a $1.3 million lawsuit, reports the Danville Register & Bee. According to the suit, one hunter fired his 12-gauge shotgun at in deer standing in the direction of the injured man.

Moderate Republican tapped to run for Chichester’s seat

Westmoreland County lawyer Richard Stuart has won the GOP nomination to run for the Senate seat held by retiring Sen. John Chichester, reports The Free Lance-Star. Stuart was the most moderate Republican in a field of four; he had the backing of both Chichester and House Speaker Bill Howell. Stuart will face Democrat Albert Pollard Jr., a former delegate, in November.

FAA: Proposed Arlington high-rises a problem for airport

The Federal Aviation Administration has ruled that proposed high-rise building projects in Arlington could imperil air travel in and out of Reagan National Airport, reports the Washington Post. The FAA has no legal authority to stop the projects, but local officials say they will work to address the agency’s concerns.

Frederick County Circuit Clerk will run again

Rebecca P. Hogan, who has served as Frederick County Circuit Clerk since 1997, will seek reelection, reports the Winchester Star. Hogan has worked in the clerk’s office since 1970, starting as a secretary.

Trial set for grocer’s claims against distributor

Grocer and entrepreneur Johnny Johnson claims that Supervalu Inc., the country’s largest grocery wholesale distributor, wrecked his small chain of Community Pride stores. The trial in his lawsuit begins today in Richmond Circuit Court, according to the Richmond Times-Dispatch.

Trial of Episcopal Church suit begins today in Fairfax

The trial of an extensive lawsuit filed by the Episcopal Church and its Virginia Diocese against 11 churches that voted to leave starts today in Fairfax Circuit Court, reports the Washington Times.

May 22

Man enters Alford plea on charges arising from manhunt

Last October, a man named Elvis G. Shifflett led Albemarle County police on a week-long manhunt that ended when he was shot trying to steal a truck. The Daily Progress reports that he entered Alford pleas to a number of charges related to the incident, including eluding police and possession of a weapon as a felon. He will be sentenced in July in Charlottesville, where he faces other charges.

High court: Stafford appeal filed too late

The Supreme Court of Virginia has upheld a circuit judge’s ruling that residents and Stafford County officials waited too long to file an appeal of a decision of the local zoning board, reports The Free Lance-Star. The appellants wanted to challenge an administrator’s ruling that an anti-terrorist training facility called The Crucible should be classified as a school.

Surry officials confer on dogfighting case

Surry County officials met Monday to discuss the possible dogfighting at a home owned by Atlanta Falcons quarterback Michael Vick, but no charges have been filed yet, reports The Virginian-Pilot.

Bolt-in-neck case from Roanoke settled

The Roanoke Times reports that a confidential settlement has been reached in the case of a Bassett woman who claimed that her doctor left a bolt-like object in her neck after emergency surgery. She hit her head on a glass bedside table; the bolt, removed by another doctor a year later, had been part of that furniture.

May 23

Northern Virginia Senate candidate indicted

Mark Tate, a candidate for the GOP nomination for the Senate seat of retiring Sen. H. Russell Potts Jr., has been indicted in Loudoun County on charges of election fraud and perjury, reports the Washington Post. His lawyer decried the indictments, handed down three weeks before the June 12 primary.

Caroline’s Latney draws opponent for first time in 29 years

Harvey Latney has been commonwealth’s attorney in Caroline County for more than 29 years without facing a challenger in an election. No longer. Yesterday, Tony Spencer, a former deputy prosecutor in Richmond now living in Caroline, filed the papers to run for the seat in November, reports The Free Lance-Star.

Liberty U. student arrested for bombs before Falwell funeral

The News & Advance reports that a 19-year-old Liberty University student has been arrested for manufacturing homemade bombs after his family told police he made them in preparation for yesterday’s funeral of the Rev. Jerry Falwell. Police are investigating a motive; the man apparently had issues with members of a Kansas church who came to Lynchburg to protest at the funeral.

May 24

Leighty, Kaine’s chief of staff, to step down

Bill Leighty, Gov. Tim Kaine’s chief of staff, will leave his post on Friday, reports the Richmond Times-Dispatch. Leighty served in the same position for the full term of Kaine’s predecessor, Gov. Mark Warner. Wayne Turnage, the current deputy chief of staff, will succeed Leighty at the governor’s top lieutenant.

Liberty U. student now faces federal charge

The Liberty University student apprehended with homemade bombs in the trunk of his car at the Rev. Jerry Falwell’s funeral now faces a federal charge of possessing an explosive device, reports the Roanoke Times. State charges were dropped; he remains in custody.

Two men charged with building meth lab in Orange County

Orange County authorities have arrested two men they say were putting together a methamphetamine lab in an empty barn at a farm, reports The Daily Progress. No drugs had been manufactured yet.

Fairfax supervisors want to close additions loophole

Fairfax County supervisors will seek to close a local loophole that they say allows a builder essentially to erect new a house while calling it an addition, reports the Washington Post.

May 25

Supremacist accused of harassing child

A self-proclaimed white supremacist facing child pornography charges previously harassed a local 9-year-old girl, according to a revealing pre-trial motion filed Thursday by federal prosecutors, The Daily Progress reports.

Nursing home dropped from Medicare program

Carriage Hill Rehabilitation and Nursing Center was dropped from the federal Medicare program this month, 10 days after a resident strangled to death on a nurse-call cord, The Free Lance-Star reports.

Supreme Court to hear Norfolk voting case

The state Supreme Court has agreed to hear a case seeking access to voting applications that were rejected by Norfolk’s voter registrar, The Virginia-Pilot reports.

Former Henry sheriff pleads guilty

In the recorded conversations played Thursday in federal court, disgraced former Henry County Sheriff Frank Cassell seemed almost grandfatherly as he reached out to reassure a one-time employee down on his luck, The Roanoke Times reports.

Goode criticizes Mexican flag displays

Rep. Virgil Goode says he’s riled by restaurants in his region that display a Mexican flag, and he thinks President Bush is wrong on the new immigration bill, the Richmond Times-Dispatch reports.

Legislative hearings set for Virginia Tech shootings

The Virginia House of Delegates will hold hearings this summer to consider solutions to problems in the mental health system exposed after Seung Hui Cho’s shooting rampage at Virginia Tech, The Washington Post reports.

The following selected stories appeared in the Virginia Lawyers Weekly Daily E-Mail Alert from May 7 to May 11. The originating source of a story is indicated after the item. Please note that not all links may remain active. If you are not presently receiving the Daily Alert, please click here to sign up.

May 7

Cops who were disciplined after Vegas trip lose lawsuit

Police officers who called in sick to make a trip to Las Vegas sued the police chief and captain who met them at the airport when they returned, but a federal judge has dismissed the lawsuit. The plaintiffs claimed an unconstitutional show of force by their superiors at the airport; they were stripped of their badges in an open area. But the defense argued, and the judge agreed, that the defendants were bosses handing out discipline to employees.
Washington Post

Chesterfield prosecutor to seek clerk’s job

Chesterfield County prosecutor Dennis Collins has announced he will seek the Republican nomination for county circuit clerk. Incumbent Judy Worthington has held the post for nearly 16 years.
Richmond Times-Dispatch

May 8

Harassment case against former sheriff settled

A confidential settlement has been reached in a sexual harassment case filed by a Portsmouth deputy against the city’s former sheriff.
The Virginian-Pilot

Metro-Richmond detectives make progress in cases from early ’90s

Police detectives in the metro Richmond area have made headway in two unsolved murders from the early 1990s. An indictment was obtained in a 1991 Richmond case and Chesterfield County detectives have leads that could solve a 1990 double slaying there.
Richmond Times-Dispatch

May 9

Lynchburg’s City Hall not in compliance with ADA

An independent state agency says that Lynchburg’s City Hall building is not in compliance with the Americans with Disabilities Act. The Virginia Office of Protection and Advocacy in April sent three people – two in wheelchairs and one with walking difficulties – into the 1930s-era building to see if there were problems with accessibility.
The News & Advance

Williamsburg eatery remains open despite salmonella link

The Peninsula Health Department has linked salmonella contamination to the illnesses of dozens of people who have fallen ill after eating food from Williamsburg’s popular Green Leafe Café. Among those who got sick: members of the band My Chemical Romance, which played at the College of William & Mary in April. The Green Leafe remains open while the investigation continues.
The Daily Press

OxyContin maker settles complaint from states

Purdue Pharma LP, the maker of the pain-killer OxyContin, will pay $19.5 million to 26 states and the District of Columbia to settle complaints about its aggressive marketing of the drug. Virginia will see $949,500 of that money.
Richmond Times-Dispatch

May 10

McDonnell to NYC’s Bloomberg: Stop gun stings

Attorney General Bob McDonnell has written New York City Mayor Michael Bloomberg, telling him to stop sending private investigators into Virginia to look for illegal gun sales. Come July, a new law takes effect that would let Virginia charge the mayor and his agents with a felony.
Washington Post

Mariners Museum sues former archivist

The Mariners Museum in Newport News is suing a former archivist, claiming that he took and then sold items from the museum on eBay.
The Daily Press

Two death suits filed by hit-and-run victims in Norfolk

Two separate wrongful death lawsuits have been filed in Norfolk Circuit Court by the families of pedestrians killed by hit-and-run drivers. Each suit seeks $1 million.
The Virginian-Pilot

Nine U.Va. students indicted for Hokie Bird damage

Nine University of Virginia students have been indicted for felony destruction of property for taking a fiberglass Hokie Bird statue in March. A U.Va. official confirmed that the young men were fraternity pledges.
Roanoke Times

May 11

Frederick County seeking a new county attorney

Lawrence Ambrogi has served as county attorney for Frederick County since 1969. The Winchester Star reports that he has announced he will retire when a successor is found. The county has started the search, but it has retained Robert T. Mitchell Jr. in the interim for legal advice on planning and development.
Winchester Star

Judge sets aside first-degree murder convictions, plea deal not disclosed

An Orange County circuit judge has set aside two first-degree murder convictions obtained last September, reports The Free Lance-Star. The commonwealth’s attorney did not disclose to the defense that the star witness against the defendant had reached a plea agreement with the state.
The Free Lance-Star