Facts. William Khine killed his wife in their home, then claimed that voices had commanded him to do so. Khine’s counsel asked for a psychological evaluation of Khine’s sanity at the time of the offense, so the court appointed a clinical psychologist to evaluate him. The psychologist testified at trial that at the time of…More
Category Archives: CAV Opinions
Virginia Department of Corrections v. Bishop, Record No. 0987-21-3, 75 Va. App. 1 (May 24, 2022)
Facts. Richard Bishop was a “ranking major” at a VDOC Center. In March 2019, Bishop’s secretary told him that a supervisor was having a relationship with a subordinate. Bishop was eventually terminated for failing to report the relationship pursuant to VDOC policies. Bishop challenged his termination, and at a grievance hearing, contended that he had…More
Jacks v. Commonwealth, Record No. 0833-20-3, 74 Va. App. 783 (May 17, 2022) (en banc)
Facts. On March 16, 2020, the Supreme Court of Virginia issued its first judicial emergency order related to the COVID-19 pandemic, which tolled certain deadlines. The same day, Clifton Jacks was convicted in GDC for driving while intoxicated. Jacks noted his appeal to circuit court outside the Code § 16.1‑132’s ten-day deadline, so the circuit court…More
County of Henrico v. O’Neil, Record No. 0932-21-2, 75 Va. App. 312 (Aug. 2, 2022)
Facts. Casie O’Neil was injured when she was punched in the neck during a sheriff’s training exercise. She was initially diagnosed with a left clavicle contusion. Over the course of several medical appointments with several different doctors, she was diagnosed with a host of other problems relating to her left neck, arm, shoulder, and ear.…More
Ellis v. Commonwealth, Record No. 0818-21-1, 75 Va. App. 162 (July 19, 2022)
Facts. Samuel Ellis was issued a Virginia Uniform Summons, which charged him with “Driving Suspended DUI Related” in violation of Code § 18.2‑272 and “Newport News Ordinance § 26-8.” The officer checked the box indicating that Ellis was being charged with a city offense. Ellis was convicted in GDC, and, as customary, the conviction order was written…More
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