Judge and sheriff spar over courthouse security in Petersburg

The Petersburg paper has this complicated tale of a dispute between a Virginia sheriff and the local court over courtroom security.

Verizon gets cable franchises in Virginia

It says here that Verizon has applied for franchises in three Northern Virginia localities to provide video services.

Verizon is the incumbent local exchange carrier throughout most of Virginia (but not here in Washington County).

Legal malpractice insurer wins on failure to disclose

Insurance Defense Blog has this post with a link to a federal court decision applying Virginia law in which the Court held that the insurer was entitled to rescind the contract of legal malpractice insurance because the applicant had failed to disclose a claim, which had been threatened in writing. The opinion is here.

Wise County death case makes the Washington Post

The Washington Post had this lengthy account ("Mining Town Rises in Anger," 1/6/05) of the local reaction to the death of the child killed by the boulder from the strip mine in Wise County.

On the proposed Virginia law for reporting of miscarriages

As in the Gibson column linked earlier, this TalkLeft post mocks the proposed Virginia statute that would criminalize a woman's failure to report her miscarriage, and links to this ACS post and this post from the Virginia Young Democrats' site. The text of the bill, HB 1677, is here.

On the same topic is this Virginia Progressive post, which links to the Daily Kos version of this discussion.

The bill says, in pertinent part:

"When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor."

This proposal is all over the blogosphere - many posts can be found here, and some are quoting a mass e-mail from Del. Cosgrove, the sponsor of the bill. UPDATE: This post includes Del. Cosgrove's response to the young Democrats, indicating he will try to modify the bill.

Supposedly, this bill is aimed in some way at cases like this murder case from Norfolk that was recently heard before the Virginia Court of Appeals, in which there was some difficulty in proving whether the victim was born alive or dead. I don't know how a reporting requirement would have changed the behavior of the defendant in this case, who was convicted of first degree murder (and her conviction was based primarily on her own statements).

Lynchburg city courthouse restored

This picture appeared in the Lynchburg paper, which reported this week on the restoration of the cupola above the old city courthouse. 

The News-Advance story is here.

On brochure bills

Bob Gibson of the Charlottesville paper has this column about bills that are proposed as fodder for future campaign brochures.

The piece includes a quote from AG candidate Creigh Deeds, who said: "There are some legislators who seem to be obsessed with reproduction."

Gibson concludes: "Sometimes the General Assembly can be a pair of fun houses that offer the advantage of being divorced from reality."

General Assembly to take on spyware

The Norfolk paper reports here ("Lawmakers to take on latest high-tech hazard: spyware," 1/8/05) that the General Assembly will once again take on the world, criminalizing spyware.

What's on those trains?

The Norfolk paper reports here ("Railroad could face flood of lawsuits after S.C. wreck," 1/8/05) on liability issues facing the Norfolk Southern railroad following the recent chemical spill in South Carolina.

The Roanoke paper reports here ("S.W. Va. crews prepared for event of similar scope," 1/8/05) on efforts by Southwest Virginia emergency personnel to be prepared for like events, and here ("How do we know if danger is moving through Roanoke?," 1/8/05) on the state of local knowledge about what chemicals are contained in passing trains.

Saltville allows in-town goose hunt

The Richmond paper reports here ("Saltville allows goose hunting," 1/8/05) that Saltville, VA ("the Salt Capital of the Confederacy") will become "the first town in the western part of the state to allow goose-hunting within town limits."

The article says the Canada gees are "drawn to the town because of the salt ponds that gave Saltville its name."

Christiansburg well registers South Asian earthquake

The Richmond paper reports here ("Quake affected water in Va. well," 1/8/05) that the South Asian earthquake caused the water in a Christiansburg well monitored by the U.S. Geological Survey to rise and fall three feet:

"Strong oscillations at a 450-foot-deep well near the Round Meadow Country Club in Christiansburg in western Virginia started about an hour after the magnitude 9 quake struck some 9,600 miles away. Seismic waves travel through the Earth at about 7,400 mph."

Musgrave joins up with Redskins

Bill Musgrave sort of almost came back to Virginia, as the AP reports here that Joe Gibbs signed him up to coach for the Redskins.

Musgrave was the offensive coordinator in Charlottesville from 2001-2003.

Warner and the blogs

This AP report about Governor Warner says: "Warner's name has bubbled up in nationally syndicated columns, on political talk shows, in a December edition of Newsweek and on Web sites and Blogs as the Democratic party regroups from John Kerry's defeat and begins to debate its direction for a 2008 presidential race with no front-runner in either party. "

Court appearance results in probation and marriage with public defender as best man

The Johnson City paper has this story about the unusual court experience of a fellow named Nathan Hicks, and it says in part:

"Playing the role of Cupid, Judge Lynn Brown presided in his chambers over a ceremony that he had inspired about a half hour earlier with a pointed suggestion that Hicks marry Valerie Hammonds. The impromptu marriage featured Assistant District Public Defender Jim Lonon, Hicks’ attorney, as best man. . . .

Hicks, 30, was in court on a host of charges that ranged from public intoxication to aggravated burglary. After [Judge] Brown set one of his cases for trial, Hicks asked Brown for permission to have a few minutes to talk with [his girlfriend] Hammonds. . . .

Brown had other ideas — telling Hicks that he should marry Hammonds instead. As it turns out, Hicks and Hammonds liked the idea, and Brown told bailiffs to take the couple to the county clerk’s office to get a marriage license. First, Hammonds had to stop by an automated teller machine to obtain the money to pay the $93.50 license fee.

Then, they headed back to Brown’s chambers, where he exchanged some small talk and jokes with the couple and Lonon before he performed the ceremony. . . .

Afterward, Hicks abandoned plans for a trial, entered pleas to six crimes and was placed on probation for eight years. He had spent 218 days in jail, and Assistant District Attorney General Janet Vest Hardin didn’t bother asking Brown to make Hicks stay in jail any longer."

Virginia woman awarded $3.9 million in damages in auto case in Montana

The Billings, MT, paper reports here: "A jury in Billings has awarded $3.9 million in damages to a Virginia woman who was injured in an automobile accident in Billings."

Poverty lawyer and public defender named to VLF

The Charlottesville paper has this article ("Two local lawyers named Virginia fellows," 1/7/05) about two Charlottesville lawyers who have been named to the Virginia Law Foundation.

James Behan picks James Kilgore

Captain's Quarters has this post citing the wisdom of "James Behan," who is said to have predicted that "James Kilgore" will carry Virginia by a wide margin in 2005.

Here is another site that has picked up on Behan on Kilgore.

Stuff I wouldn't know if I didn't read BTQ

It says here: "Strip clubs are similar to gambling houses in that ATMs are available when you run out of money but think you're just a few more dollars away from getting lucky."

Wise County murderer gets no life insurance on the victim, his wife

In Connecticut General v. Riner, Chief Judge Jones held that under either ERISA or Virginia law, Doug Riner was not entitled to the benefits of his wife's life insurance.

Judge Wilson's ruling against insurance coverage for Hotal Roanoke convention center upheld

In Hotel Roanoke Conference Center Commission v. Cincinnati Ins. Co., the Fourth Circuit in a per curiam opinion for the panel of Judges Wilkinson, Traxler, and Duncan affirmed Judge Wilson's decision in the dispute about whether there was insurance coverage for the damages sustained by Conference Center when its new building adjacent to the Hotel Roanoke went bad. The issue on appeal was whether the Commission's insurance covered its losses from what happened to the building. Paul Beers argued for the Commission and Phil Anderson argued for the insurer.

Governor Warner's new budget stiffs Virginia's circuit court clerks

This article ("Circuit Court clerks disappointed that more staffing seems unlikely," 1/6/05) from the Norfolk paper begins:

"This was supposed to be the year when the Circuit Court clerk’s staff would bounce back in size after forced layoffs, firings and furloughs in 2002.

But last month, Virginia Beach Circuit Court Clerk Tina E. Sinnen got an e-mail that dashed those hopes. She learned that Gov. Mark R. Warner’s budget for the coming year would not include more money for court clerks."

Claude Allen takes White House position

The Richmond paper reports here ("Bush taps C. Allen as policy adviser," 1/6/05) that Claude Allen will not be renominated to the Fourth Circuit because he is becoming the domestic policy advisor to President Bush.

This development gives the President another chance to try to reach some understanding with the Maryland senators, on the successor to Judge Murnaghan. I'm sure that accommodiating those two remain a top priority at the White House.

Bring Bill Musgrave back to Charlottesville where he is appreciated

It has been reported that Bill Musgrave, former offensive coordinator for the Virginia Cavaliers, has been fired as the coordinator for the NFL's Jacksonville Jaguars.

Geez, they ought to bring him back to Charlottesville, where his offense was mostly fun.

Old school turned hot property

In Blacksburg, developers are itching to get their hands on the old Middle School property, which has the School Board wondering what to do, as reported here ("Montgomery Co. ponders old school's future," 1/5/05) in the Roanoke paper.

Section 7 rights include right to not wear union logo

On January 4, 2005, in Lee v. NLRB, argued February 26, 2002, the Fourth Circuit in an opinion by Judge Widener, joined by Judge Luttig and District Judge Herlong, granted the petitions for review of individual workers on their claim that the company's policy requiring them to wear a uniform with both the company logo and the union logo violates their section 7 rights under the National Labor Relations Act to refrain from concerted union activity.

Denial of qualified immunity in deadly force case reversed

In Waterman v. Batton, the Fourth Circuit in an opinion by Chief Judge Wilkins, joined by District Judge Hudson with Judge Motz dissenting, reversed the denial by District Judge Blake in Maryland of summary judgment to the individual defendants based on qualified immunity, in a case where the defendants were accused of using deadly force in violation of the decedent's constitutional rights.

Interestingly, part of the summary of the facts includes the appeals court's interpretation of a video recording of the events in question: "the video leaves no doubt that at the moment of acceleration, there were officers positioned close enough to the vehicle that Waterman could have run them over in approximately one second."

The Court also noted, with respect to the District Court's conclusion of unreasonableness: "While we may not question the circumstances that the district court assumed in analyzing the reasonableness of Appellants’ actions, the reasonableness itself—and specifically the question of what a reasonable jury could determine regarding reasonableness—is an issue that we consider de novo."

The majority concluded that the officers were justified in shooting at the decedent's car as they perceived it to be headed towards them, and that they were entitled to qualified immunity for continuing to shoot at the car as it drove past because the case law did not show that this violated the decedent's clearly established rights at the time of the shooting.

Judge Motz, in dissent, said Judge Blake had the case figured rightly.

Triplett sticks around, no carpetbagger he

The Coalfield Progress reports here that last year's Republican opponent to Congressman Rick Boucher, that is former NASCAR executive Kevin Triplett, is staying in the area and working on a new business in Bristol, affiliated with a public relations firm. Boucher's 2002 opponent, Jay Katzen, did not stay in the area after losing his race.

First the movie, now the book - new novel about Earnhardt fans

Here is a book review about a new novel called "St. Dale" about a group of 3 Car fans. Real-life Dale Earnhardt fans may have watched the ESPN made-for-TV about him called "3."

The review notes, among other things, that Ms. McCrumb has been a writer-in-residence right here in Bristol over at King College.

Shameful confession

Look who comes up on top of a Google search for the words terrible lawyer.

I called your number before but I lost my nerve

In this page called Jenny, are you there? (867-5309), some guy tracks down the telephone number from the '80's song by Tommy Tutone for every single area code in the U.S., and the only Jenny who answered was a man.

Snopes.com has this entry on the same topic, which concludes: "The song '867-5309 (Jenny)' serves as the centerpiece for a 2004 Cingular television ad touting number portability."

State does not lose state law sovereign immunity by removing case to federal court

In Stewart v. State of North Carolina, the Fourth Circuit in an opinion by Chief Judge Wilkins, joined by Judges Luttig and Gregory, held that the State of North Carolina did not waive its state law sovereign immunity defense to state law claims by removing a case that joined state and federal law claims to federal court.

Chief Judge Wilkins concluded that the district court had erred in extending the Supreme Court's decision in Lapides v. Board of Regents, 535 U.S. 603 (2002), dealing solely with the Eleventh Amendment, to the issue of whether removal meant some kind of waiver or abandonment of the state law immunity where there was no consent to state court jurisdiction for such a claim:

"Lapides addresses whether a state that removes an action to federal court having already consented to suit in its own courts can invoke Eleventh Amendment immunity; it does not resolve whether a state that has not consented to suit in its own courts maintains either the broader concept of sovereign immunity or Eleventh Amendment immunity upon voluntarily removing a case to federal
court."

The Court noted:

"Unlike Georgia in Lapides, North Carolina had not consented to suit in its own courts for the relevant claims asserted by Stewart."

The Court concluded:

"North Carolina chose to employ the removal device to have the issue of sovereign immunity resolved in a federal, rather than a state, forum. We see nothing inconsistent, anomalous, or unfair about permitting North Carolina to employ removal in the same manner as any other defendant facing federal claims. We therefore hold that North Carolina, having not already consented to suit in its own courts, did not waive sovereign immunity by voluntarily removing the action to federal court for resolution of the immunity question."

All Deliberate Speed has this post about the decision.

Liberal Virginia editorialists don't trust juries or U.S. Senators

Yesterday the Roanoke paper said don't let juries of actual people decide the death penalty for teenaged murderers, and today the Norfolk paper says here, don't let the U.S. Senators have an up-or-down vote on the 20 federal appeals court judges renominated by President Bush.

Your clients were much worse than mine!

Margaret Edds, whom I've mostly decided against, nevertheless has zeroed in on one bit of real absurdity, explaining here: "If Kilgore plans to discuss Lem Tuggle and Richard Whitley and their sordid crimes, then Kaine plans to discuss James Davis and Ronald Morgan, two of Kilgore's clients. Davis is a former hospital administrator in Lee County whose embezzlements helped force the struggling, Appalachian facility into bankruptcy. Morgan is a former state worker convicted of falsifying mining inspection reports to benefit companies."

That's just bizarre.

Roanoke Times says no more death penalty for juveniles in Virginia

In this editorial, the Roanoke paper calls for Virginia to end the practice of executing juveniles who are murderers.

The editorial cites the Malvo verdict. The Malvo verdict could also support the opposite conclusion - leave the law as it is, and trust the juries.

Puckett expects final approval for 4th judgeship in 29th Circuit, says new judge should be from Tazewell County

The Bluefield paper reports here that Senator Puckett, in his review of the upcoming legislative session, expects to see the final approval of a fourth judgeship for the 29th circuit:

"The new judgeship is funded, and could begin as soon as March 1," Puckett said. "However, I understand the process will be sometime in the latter part[] of the session. I'm very supportive of an individual from Tazewell County being named to the judgeship. There is no reason why you shouldn't have one in Tazewell, and it is the only county of the four counties in the 29th judicial district that doesn't have it's on sitting judge."

35,429 Virginia inmates

This AP article says the current number of inmates in Virginia's penitentiaries has not increased nearly as much as expected would be the result of the abolition of parole.

Did Verizon fool the General Assembly?

The Daily Press reports here ("Verizon bill vexes some, confuses others," 1/2/05) that last year, Virginia's ILEC, Verizon, convinced the General Assembly to pass a statement of policy, which Verizon is now trying to use in its case before the State Corporation Commission to charge higher rates to rural customers.

Problems with the Birth-related Neurological Injury Compensation Program

The Richmond paper has this story ("Birth-injury aid's false expectations result in disarray," 1/2/05) describing problems with the Birth-related Neurological Injury Compensation Program.

The article concludes:

"This year, obstetricians are at the head of the line seeking General Assembly help. Their objectives: tighten entry requirements for premature infants into the birth-injury program, limit awards for pain and suffering in malpractice suits, increase Medicaid reimbursements to doctors who treat indigent patients, and preserve access to medical care."

Challenger from Warrenton in Republican primary?

Waldo has this post which says the Mayor of Warrenton, a fellow named George Fitch, is intimating that he has plans to challenge for the Republican nomination for governor next year.

Four good articles in Virginia Lawyer

The Virginia Lawyer for December 2004 includes four fine articles of interest to me:

Estoppel by Inconsistent Positions or Judicial Estoppel: What's in a Name?, by Robert E. Scully Jr.

Gray v. Rhoads: Doing Indirectly What You Can't Do Directly, an article about Va. Code 8.01-404, by John C. West and Megan C. Rahman

"It's the Sneaking Around that Gets You in Trouble": The Key to Unlocking Fiduciary Duty Litigation Claims, by Gregory J. Haley

Protecting Trade Secrets — A Review of Virginia's Statute, by Scott Ford

Nibblers at the NLRB

This Labor Blog post links to a NY Times article which suggests the current National Labor Relations Board is nibbling away at the rights of unions to organize in new places.

Record verdicts for race discrimination claims in E.D. Va.

Last week, VLW reported in its Feature Article: "Two black trash collectors have been awarded $2.6 million each in a race discrimination case in Alexandria federal court; the awards apparently set the Virginia record for an individual's verdict in a race case."

Northern Virginia Delegate to miss General Assembly session due to illness

The Washington Times reports here ("Ill Van Landingham to miss next session," 12/31/04) that Del. Marian Van Landingham will miss the upcoming session of the General Assembly due to illness.

The article mentions that she is an artist who has been involved with the Torpedo Factory in Alexandria. I would never have heard of, seen, or gone to the Torpedo Factory had I never met my wife, who somehow sort of knew this woman with a studio there.

2005 Virginia preview

Will Vehrs has this worthwhile Polstate post describing the upcoming year in politics in the Commonwealth.

Anna Nicole done in by probate exception to federal jurisdiction

In Marshall v. Marshall, that is, the Anna Nicole Smith case, the Ninth Circuit held, among other things, that "all federal courts, including bankruptcy courts, are bound by the probate exception to federal court jurisdiction and that we are required to refrain from deciding state law probate matters, no matter how the issue is framed by the parties." (You can add that one to the list of favorites, along with Younger and Princess Lida and Rooker-Feldman and Heck v. Humphreys.)

Anna Nicole famously married a rich old guy, who gave her a bundle during his life but nothing on his death, so she sued and lost in state court, sued and won millions somehow in the bankruptcy court, but then lost it again on this appeal.

Dobson threatens 6 Democrat Senators including Byrd over judges, Colson and Mark Earley disagree

In this story, James Dobson of Focus on the Family says he and his lot will go after six Democratic Senators up for re-election next year, including Robert Byrd of West Virginia, if they support filibusters to prevent an up-or-down vote on federal judge nominees.

The article goes on to say that Charles Colson and Mark Earley's group does not approve religious figures making deals with politicians (or something like that).

Practicing cruciverbalist

As a crossword nut, I enjoyed this Research Buzz post with a link to CrosswordPuzzleGames.Com.

Back in our college days, the Cavalier Daily (I think it was) had the NY Times crossword, and you could pick these up anywhere on the Grounds all day long, so by the end of the day, from time to time, we would have more or less memorized the puzzle and would debate the answers (the wild men that we were).

Good place to eat on the road to Richmond

Finally, I've checked out this place on Rte. 60 in Cumberland, and it was good (and yes, I've got a new digital camera). 

On the retirement of a distinguished Roanoke general district court judge

The Roanoke paper has this interesting profile of Judge George W. Harris, Jr., retiring after nearly 20 years as judge of the General District Court.

The article provides, in part:

"Harris graduated from all-black Dunbar Senior High School in Lynchburg in 1955 and was one of the first blacks to attend the University of Virginia.

Social pressures at UVa during the late 1950s forced him to transfer out after two years.

At Virginia Union University in Richmond in 1960, he was arrested for trespassing during a civil rights sit-in, but his conviction was later overturned by the Virginia Supreme Court.

With a bachelor's degree in business administration, Harris set out to find a job, but the only job he was offered was as an assembly line worker at General Electric. Instead, he decided to go to law school.

Three years later, in 1967, Harris had obtained his law degree and passed the bar exam on the first try. He set up a general practice in Roanoke, taking over the practice of a black lawyer who had died.

. . .

After gaining a reputation as a tireless adversary of the school board and school administration, Harris was named to the Roanoke School Board in 1980.

"I think if a devil's advocate is needed, yes, I'll be one," he said in a 1980 interview with The Roanoke Times. "If I feel that basically the board is doing the best it can, I guess you could classify me an establishment man."

But few could really call Harris an "establishment man." He remained a watchdog of the school administration and, when it was time to hire a new superintendent, was one of a minority on the board who voted against hiring Frank Tota.

When Harris was considered for a judgeship, he received the honor of being endorsed by both the Roanoke and the Salem-Roanoke County bar associations, something that does not happen with regularity. Even Tota agreed that a judgeship would suit Harris."

The article goes on to describe an occasion when Judge Harris put a then-young assistant prosecutor in jail:

"One day in May 1988, [Ray] Ferris, then a prosecutor, showed up for court a half-hour late. Harris responded by reducing the defendant's felony charge to a misdemeanor.

"Judge, you don't have the authority to do that," Ferris said. "Either dismiss the case or certify it."

Ferris was warned, then found in contempt and thrown in jail. Sixteen years later, he says he learned quite a lesson from Harris that day."

No law against having a dog on the roof

In this NC story about a dog that apparently hangs out on the roof of a house, a law enforcement official is quoted as saying, there's no law against it.

When we lived on Valley Street, the dog back in her fit and trim days would go up the back stairs, through the porch railing, onto the kitchen roof, and at least once, my wife was at the sink in the bathroom and looked up to see the dog looking down at her through the sky light in the bathroom ceiling.

Washington County has more wrecks than Wythe County?

In this AP article about the decision by Washington County Sheriff Fred Newman to patrol Interstate 81, it says that there were more wrecks on the interstate in Washington County than in either Smyth County or Wythe County.

Missing woman not missing

Yesterday, the Bristol paper had a story about a missing local woman. Today, the paper had TriCitiesthis article that says the woman called into the police and denied that she was missing.

Virginia's Status for 2005

Not that anyone has any better knowledge than anyone else, but this lengthy MyDD post with a series of comments takes a look with the MyDD-Democratic-slant at the 2005 Kilgore-Kaine campaign.

Suppression orders reversed

In U.S. v. Perez, the Fourth Circuit in an opinion by Judge Traxler, joined by Chief Judge Wilkins and District Judge Titus, reversed the district court's ruling on a motion to suppress, concluding that the good faith exception to the requirement of a search warrant supported by probable cause applied.

In U.S. v. Dickey-Bey, the Fourth Circuit in an opinion by Judge Niemeyer, joined by Judge Luttig and Senior Judge Hamilton, reversed the district court's suppression order, concluding that there was probable cause to arrest the defendant where he showed up to take delivery of packages that contained cocaine and that the defendant's vehicle could be searched incident to his arrest.

John Dean takes on Fourth Circuit nominee Haynes

In this Findlaw article, John Dean considers ther nomination of William J. Haynes to the Fourth Circuit.

Dean, famous for his role in the Nixon administration, says this: "Plainly, the case in favor of Haynes's nomination - extremely poor even before the torture memoranda came before the public eye - is now appallingly poor. So why in the world is Bush renominating Haynes?" His answer seems to be that Haynes was renominated so the Democrats can exorcise themselves of their indigation over "Torturegate" in dealing with Haynes, thereby taking the heat off of others.

The best I can make of this article is that it does sound like something from the stereotypical thinking attributed to the Nixon administration.

Judge Conrad rules for bank on negligence and conversion claims

In Terry v. Bank of America, N.A., Judge Conrad of the W.D. Va. granted the bank's motion to dismiss the plaintiffs' negligence and conversion claims, concluding in essence with respect to money that was withdrawn from an account, the bank had no duty to the plaintiffs and the money in the account belonged to the bank and could not be converted.

New book by Helen Prejean takes on a Virginia murder case

The Christian Science Monitor has this review of a new book by Helen Prejean called The Death of Innocents, which includes her account of the Virginia case of Joseph Roger O'Dell.

From the Amazon page, one review says: "O'Dell was denied appellate review by the highest court in Virginia because his lawyers typed one wrong word on his petition's title page."

The proposed Virginia Litigation Reduction and Consumer Personal Responsibility Act

The Fredericksburg paper has this article about the proposed "Virginia Litigation Reduction and Consumer Personal Responsibility Act of 2005," which is online as HB 1617, and provides, in part, as follows:

§ 8.01-44.7. Product liability; products containing open and obvious dangers.

A. A product liability action may not be brought in any federal or state court under Virginia law against any manufacturer or seller of a qualified food product where the claim arises from an injury, potential injury or death resulting from a person's consumption of a food product and weight gain, obesity or any health condition that is associated with a person's weight gain or obesity.

B. In a product liability action, a manufacturer or seller shall not be liable under Virginia law where the claim arises from an injury to or the death of a voluntary user of the product that is directly caused by an open and obvious danger of the product.

It's ludicrous to think a terrorist will attack a rural courthouse in rural Virginia

So says a critic of homeland security spending quoted in this article from the Daily Press, which looks at what Virginia localities have been able to buy with homeland security money.

What would Bill Hobbs say about this - Tennessee imposes income tax on sale of Illegal Drugs

The Bristol paper has this AP report that says: "Beginning Saturday, a new law will require drug dealers to pay taxes on the drugs they sell."

In fact, here is what Bill Hobbs said, which included the following:

"While I'm generally opposed to tax increases, I would heartily support the legislature raising the excise tax on the sale of illegal drugs to 100 percent. They also ought to require drug-pushers to charge sales tax, and penalize them if they don't."

More on ignorance, the Internet, and the election

Somebody at the Volokh Conspiracy in this post cites Mickey Kaus' take on the commentary from ABC News in August that it was "Kerry's election to lose," a conclusion which turns out to have been completely bogus.

Kaus concludes:

"How could brilliant genuine experts like Mark Halperin & Co. get it wrong? Because at some level they were conned by their peers and their Dem campaign sources (who were probably conning themselves) in a way I doubt they could be conned by Republican sources. ... And Halperin is known as a relatively non-partisan straight-shooter. What does this tell you about the rest of the press corps? ..."

I told Jim Elliott not long after Election Day, this campaign year is going to be the death of expertise, every stupid thing any of the pollsters and pundits said is going to live forever on the internet and henceforth when they opine, the 2004 election is going to be a black mark against every one of them.

More on ASL settlement

This press release from the Appalachian School of Law describes the settlement in the shooting cases.

UPDATE: I've removed some of my earlier comments, which were inappropriate.

Virginia Politics News Review

Via Waldo, Virginia Politics News Review is added to the line-up of Virginia blogs.

Those Elizabeth Minors

This story about Republican dominance in the Winchester area caught my eye because it mentioned that the mayor of Winchester is a woman named Elizabeth Minor, which was also the name of my grandmother.

Not too long ago, I went to a little seminar on networking, and fired up with ideas about the need to meet and greet, I proceeded to a cocktail party and dinner with a bunch of lawyers and their wives and decided to try out the techniques that had just been instilled in my brain. Instead, I spent the biggest chunk of my time telling stories about Elizabeth Minor to the wife of a Richmond lawyer, but at least she was not bored. Grandma was not boring.

More on medical malpractice reform talk in Virginia

The Washington Post has this report ("Premiums Also an Issue For D.C. and Va.," 12/29/04) on efforts to change damage limits in medical malpractice cases in Virginia and elsewhere.

Settlement expected today in law school shooting case

The Bluefield paper reports here ("Settlement expected today in law school shooting civil suit," 12/29/04) that Judge Weckstein, sitting by designation, is expected to approve the settlement of the civil cases brought against the Appalachian School of Law and others related to the shooting deaths at the school in January 2002.

5-year statute of limitations applies to misdemeanor bad check charge

In Foster v. Com., the Virginia Court of Appeals in an opinion by Judge Bumgardner, joined by Judges Benton and Kelsey, held that the five-year statute of limitations for petit larceny applied to a misdemeanor charge under the bad check statute.

Court of appeals finds no Miranda violation in case of college student convicted of murdering her baby

In Aldridge v. Com., the Virginia Court of Appeals in a lengthy opinion by Judge Humphreys joined by Senior Judge Coleman held. among other things, that the police did not violate the 18 year-old defendant's Miranda rights when they questioned her about the death of a newborn baby, whose body was found in a rented storage facility, and that the Commonwealth had met its burden of proving that the baby had lived and was killed. Judge Benton dissented on the Miranda and corpus delicti issues, based on which he would have reversed the defendant's conviction.

Chief Judge Jones dismisses Stanley suit against Judge Stump and Wise County clerk of court

In Stanley v. Smith, Chief Judge Jones of the W.D. Va. dismissed for lack of jurisdiction the claims brought by computer guy and sometime fugitive David Stanley against Wise County Circuit Court Judge Robert Stump and the Clerk of Court for Wise County, Jack Kennedy, related to the handling of his probation. Judge Jones concluded that Mr. Stanley could make his points in his ongoing state court proceedings, which are now assigned to retired Judge Persin.

Chief Judge Jones enters stay of execution

The Washington Post has this report ("Federal Judge Stays Jan. 7 Execution of Va. Inmate," 12/28/04) on an order entered by Chief Judge Jones of the W.D. Va. staying the execution of a Virginia man convicted of murdering a police officer. The stay was entered to allow the defendant to take his federal appeals.

Del. Bryant removed from Appropriations committee

The Lynchburg paper reports here ("Del. Bryant removed from Appropriations Committee," 12/29/04) that Delegate Preston Bryant has been removed from the Appropriations Committee, of which he was a member for seven years. The move is apparently in retaliation for his support of last year's tax increases.

Another rocket docket crashes?

This article says, among other things, that after intellectual property cases flooded the E.D. Va., the judges advised lawyers to go elsewhere, so they went to Texas, which is now overburdened with IP cases.

Why does Virginia matter?

Redstate has this very interesting post on the national political implications of a possible 2006 showdown between Mark Warner and George Allen in Virginia.

Cert petition filed in Virginia redistricting case

Votelaw reports here that the losers have filed a petition for certiorari to the U.S. Supreme Court in a Virginia congressional redistricting case. The petition is here, and it involves an appeal from a Fourth Circuit ruling on the application of the Voting Rights Act to Virginia's 2001 redistricting of the Fourth Congressional District.

The mediation

Rufus has this true-to-life account of a day-long mediation from the perspective of in-house counsel.

It sounds authentic to me.

Circuit court judge claims JIRC was biased against him

The Richmond paper has this remarkable article with the details of the opposing legal positions presented to the Virginia Supreme Court in the case of Judge Peatross' appeal from the findings against him made by the Commonwealth's Judicial Inquiry and Review Commission.

The Ruth Greiner story

The Bristol paper had this story on the millions of dollars bequeathed by Ruth Greiner, whom I knew as a court reporter here in Bristol.

With no disrespect intended, I often retell the story that I was more or less afraid of Ms. Greiner until at one deposition I told a mildly off-color joke (something about a spelling contest between Dan Quayle, Bill Clinton, and Clarence Thomas, which I heard told by Professor Erwin Chemerinsky at a section 1983 litigation seminar at the Georgetown University Law Center), and she found it to be delightful, and asked me to repeat it every time thereafter when we met for depositions.

Another Virginia politics blog

Virginia Progressive is another blog about Virginia politics. I'll add it to my list, whenever the list shows up again.

I suspect there will be more Virginia political blogs before the New Year is out, what with the big statewide elections and all. In fact, sooner or later, the candidates will not only have websites, but might even have blogs.

I bet if Chad Dotson was running for re-election in 2005, he would have a blog.

Predictions from the savvy bloggers

Adam Smith, Esq., has this interesting year-end post with comments from his selection of "Savvy Bloggers" on the future of the law business.

There is too much interesting stuff there to describe it.

Bush to renominate Haynes and Boyle to Fourth Circuit, perhaps not Allen

It's old news now, but ACS has this post on the plans of President Bush to renominate Judge Boyle of North Carolina and William J. Haynes, II, late of the Defense Department to the Fourth Circuit in the next Congress.

Howard Bashman deduces here that Claude Allen, like Judge Kuhl from California, may not have wanted to be renominated. Mr. Allen faced opposition from the two Democratic Senators from Maryland, who complained among other things that a Maryland lawyer should be the replacement for the late Judge Francis Murnaghan.

More on Accused in Appalachia

Here is the link to the description of the A&E program that aired last night on the Merry Pease murder case from Wise County.

I saw the second run of it last night. It was fascinating to see Judge Stump, Don Earls, and particularly Tim McAfee and Gerald Gray on television. I went on a bit of a road trip with Tim and Jerry earlier this year, and many tall tales were told by one and all, but nothing about the Pease case.

Proposed Virginia law would allow death penalty for accomplices

The Washington Post reports here, the Richmond paper reports here, and the Roanoke paper reports here on a legislative proposal that woudl allow imposition of the death penalty on accomplices in cases like the D.C. sniper killings.

Pease case from Wise County on A&E tonight

The Roanoke paper has this article ("Wise County murder case comes to prime time," 12/22/04) on the Merry Pease murder case, featured on A&E tonight.

The Bristol paper has this article ("Pease case back in court
," 12/22/04) about a post-conviction hearing held in the case yesterday before Judge Kilgore in Wise County.

Latest haiku aimed here from David G.

As posted here:

"even cows and horses
with New Year's faces...
mountain home"

Virginia dog is the Great American Mutt

I've been following the candidacy of Toby, the blind hound from Albemarle County, who as reported here, has been named the Great American Mutt of 2004. Here is the story on Toby.

More on medical malpractice in Virginia

The Richmond paper has this article and this article, both of which suggest the economics of medical malpractice laws have the greatest effects in rural areas, where the decisions of a few doctors to move elsewhere or take early retirement could force rural residents to travel far afield for professional care.

Norfolk paper endorses former Governor Gilmore to head Homeland Security

In this editorial, it appears (incredibly) that the Norfolk paper is endorsing former Virginia Governor Gilmore to be named by President Bush as the new head of the federal Office of Homeland Security.

That's sort of like George Will writing a favorable column about Mark Warner.

Picture of candidate with a shotgun in his hand

This profile of Republican Attorney General candidate Steve Baril includes a photo of him shooting a shotgun (or so it appears to my untrained eye).

The best picture on his website, however, is this one from Scott Stadium. (You thought we were through with football references for the year?)

On money and the race for Attorney General

The Daily Press says here that it's no surprise that former Prince William County attorney Sharon Pandak withdrew her candidacy for the Democratic nomination for Attorney General if she thought she wouldn't have to raise a pile of money, and that without a pile of money, either of the other two Democratic candidates are probably going to lose to one of the two Republican candidates.

Still more from the Washington Post on Virginia's criminal justice system

In this editorial, the Washington post complains that neither Governor Warner nor Attorney General Kilgore is interested in dialogue with the newspaper about the crimiinal justice system in the Commonwealth, concluding that "Jerry Kilgore and Mark Warner should be ashamed to preside over a system that melts down so completely and so often."

Since neither Attorney General Kilgore nor Mark Warner can change the criminal procedure statutes, I'm not sure that the Post has launched its broadside in the right direction.

Walter Olson takes on the Vermont-Virginia same-sex custody battle

In this post, Walter Olson offers his take on the Virginia-Vermont same-sex custody battle, blasting a National Review Online article by David Frum.

Olson says the central issue is this: "can a party dissatisfied with a custody outcome litigated in one state ignore a resulting court order while reopening proceedings in a more favorable state?" So far, the answer in Virginia is yes, at least where the outcome in the first state is based on the rights of same-sex couples which are at odds with the public policy of the Commonwealth.

On format rules

The other day, I read Rule 5A:4, which says among other things: "All such papers shall be produced on pages 8-1/2 x 11 inches; printed matter shall occupy approximately 5 by 8 inches of a page, and typewritten matter shall occupy approximately 6 by 9 inches." Perhaps, I thought, I should make the left and right margins 1.25 inches each.

In this Minor Wisdom post, it says, don't cheat on the format rules, citing a Florida case in which a lawyer was fined $500 for format issues.

Richard Burrow speaks

In this commentary from the Roanoke paper, former D-Day fundraiser Richard Burrow presents his take on the power of the federal government to bring criminal cases, blasting the prosecutors who twice tried him, without success, while thanking his lawyers and supporters.

I don't Richard Burrow, but I think the National D-Day Memorial is really cool.

On a somewhat related topic, the Washington Post had this story on Saturday about local crimes that are increasingly prosecuted in federal court.

George Will takes on Mark Warner

George Will wrote this on Virginia's Governor Mark Warner.

Seventh grader in Spotsylvania County allowed to sit out Pledge of Allegiance

The AP reported here that Spotsylvania County will allow a seventh grade student to sit while others stand to recite the Pledge of Allegiance.

How many claims of error are too many

Regarding the appeal dismissed where the lawyers claimed 104 assignments of error (as described here on law.com), Evan in this post says: "With 104 issues on appeal, there must have been a reversible error in there somewhere."

What's wrong with making a federal case out of almost everything

Via How Appealing, this article says, among other things: "Forcing the federal courts to handle workaday criminal matters crowds out civil suits and leads to huge delays for civil litigants because criminal defendants have a constitutional right to a speedy trial and everyone else has to wait in line."

On witness credibility

George's Employment blog has this post that includes a useful catalog of an ALJ's explanation of his credibility findings in a case under the NLRA. Check it out.

In at least one NLRA case with which I am familiar, the ALJ listened to the head man for the employer and determined that his testimony was so untrustworthy, whatever he said would support an inference that the opposite was true, even in the absence of any other evidence on point.

This conclusion has always boggled my mind, these many years, but it seems to describe what often happens in litigation - the most demonstrable and offensive liars often lose, whether or not they deserve it. Two famous examples are the O.J. Simpson criminal and civil trials. In the civil case, O.J. was impeached most obviously by the photographs showing him wearing the shoes he denied ever owning, even the shoes were not the most important evidence; in the criminal case, law enforcement despite all the blood evidence was impeached by the Fuhrman tapes, etc.

A question I have sometimes heard in trials and even asked a time or two myself is this: "Mr. Witness, are you as sure about this as you are about everything else you've said in this case" - meaning, you have just told us a magnificently transparent whopper of a lie, which ought to taint every other word you've said today.

One new Treasury circular that affects me not a whit

Benefitsblog has this post with links to an amended directive from the Treasury Department on ethical standards for lawyers and other professionals who provide advice on tax avoidance. At it happens, there is no evidence that I know anything in particular about tax avoidance.

Would you buy stock in a British law firm?

Adam Smith, Esq. has this post about proposals in England that would, among other things, allow law firms to be owned by non-lawyers and even to become publicly-traded corporations.