Virginia State Bar

An agency of the Supreme Court of Virginia

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Criminal Law

A Section of the Virginia State Bar.

Section News and Information

November 26, 2008

Access contact information for all criminal law section members

Section members may now access contact information for all Active and Associate members in good standing of the Criminal Law Section by logging into the Member Resources Area.
May 28, 2009

Case Clarification Rowe v. Commonwealth (May 2009 Criminal Law News)

The latest newsletter reported that Rowe v. Commonwealth, 277 Va. 495 “upheld” agreements between municipalities that give officers from one jurisdiction authority to enforce the laws of the Commonwealth.   Actually, the court’s opinion “applied” such an agreement to uphold a conviction for assault of a law-enforcement officer, but the court noted that the statute authorizing such agreements was not challenged by the defendant, thus the court expressed no opinion on the validity of the statute. 5-26-09
August 20, 2009

August 2009 Newsletter Now Available

The August 2009 Newsletter Now Available online to Section Members via the Member Resources area.
August 20, 2009

Schedule Updated for DNA Notification Project

Schedule updated for DNA Notification Project Attorney Training
August 26, 2009

VLW Link - Melendez-Diaz Forms Online

VLW Link - Melendez-Diaz Forms Online
November 5, 2009

November 2009 Newsletter Now Available

The November 2009 Newsletter is available in the Member Resources Section.
November 6, 2009

Revised SCVA Policy on Vouchers and Payment Requests

Revised SCVA Policy on Vouchers and Payment Requests
December 7, 2009

2010 Annual Seminar Schedule Finalized

Visit the

VSB/Virginia CLE 40th Annual Criminal Law Seminar site

January 5, 2010

Access contact information for section members

Access contact information for all Active and Associate members in good standing of the Criminal Law Section for the 2009-2010 bar year in the member resources section.

January 19, 2010

January 2010 Newsletter now available

The January 2010 Newsletter is now available in the member resources section.
February 12, 2010

Judge Willis Named Recipient of 2010 Professionalism Award

The Virginia State Bar Criminal Law Section has presented its 2010 Harry L. Carrico Professionalism Award to retired judge Jere M.H. “Mac” Willis Jr. of Fredericksburg, who served on the Virginia Court of Appeals.

The award was presented on Feb. 12, 2010, during the section’s 40th Annual Criminal Law Seminar in Williamsburg. Reno S. Harp III, retired chief counsel to the Virginia Judicial Inquiry and Review Commission and a previous Carrico Award winner, was the keynote speaker.
February 24, 2010

New Video Replays of 2010 Criminal Law Seminar Scheduled


VaCLE has added two dates to the video replay schedule for the 2010 Annual Criminal Law Seminar, in part to accommodate attorneys who were registered for the Charlottesville session of the seminar scheduled on February 5, which was cancelled because of snow.
 
Replays will be offered on Monday, March 15, and Thursday, March 18, at the Virginia CLE office in Charlottesville. These dates are in addition to the previously advertised schedule of seminars which will be held throughout the state in March and April. See complete schedule on the VaCLE Seminar's web page. These seminars are open to all Virginia attorneys.

For more information, contact Virginia CLE at (800) 979-8253, or register online on the VaCLE website.

 

April 10, 2010

Immigration Consequences of Criminal Convictions CLE, Including Analysis of Padilla v. Kentucky

http://www.vsb.org/site/conferences/ylc-news/immigration-cle-2010-04/
May 7, 2010

2010 May Newsletter Now Available

The 2010 May Newsletter of the Criminal Law Section is now available in Member Resources.
June 21, 2010

Supreme Court of Virginia Rule changes effective July 1, 2010

Adopted Amendments to Parts 5 and 5A, Rules of the Supreme Court of Virginia, regarding appellate procedure
(Effective July 1, 2010)

On April 30, 2010, the Supreme Court of Virginia entered amendments to Parts 5 and 5A of its rules governing appellate procedure.

See the Memo Appellate Rules Revisions by University of Virginia Law Professor Kent Sinclair outlining some of the important changes.

The Office of the Executive Secretary of the Supreme Court of Virginia maintains the Virginia's Judicial System website where these rules may be found.
Check Amendments to Rules of the Supreme Court of Virginia for recent updates.

September 14, 2010

2010 September Newsletter Now Available

The 2010 September Newsletter of the Criminal Law Section is accessible in the Member Resources section.
October 5, 2010

Fed. Act Provides Loan Repayment Funds for Public Defenders and Prosecutors

The John R. Justice Act - Federal Act Provides Loan Repayment Funds for Public Defenders and Prosecutors (.pdf)
November 4, 2010

Rule 4.2 Amended by SCVA - Defendant Waiving Rights (effective 11/1/10)

Rule 4.2 Amended by SCVA - Defendant Waiving Rights (effective 11/1/10)
November 29, 2010

2011 Annual Seminar Schedule Finalized

2011 Annual Seminar Schedule Finalized
February 1, 2011

Trial of Capital Murder Cases in Virginia - 2011 Cumulative Supplement Is Now Available

A cooperative effort of Virginia CLE and the Criminal Law Section of the Virginia State Bar, with financial assistance provided by a grant from the Virginia Law Foundation.

Description

This essential resource is both a guide for attorneys and a source of information for judges who are involved with capital cases in Virginia. The book includes several tables of relevant cases arranged by different groupings:  by defendant’s surname; by degree of aggravation and mitigation; by aggravator; and by the section of the Virginia Code offended. There is also a section discussing ineffective assistance of counsel issues. If you handle criminal cases in Virginia where capital punishment is even a possibility, you should have this book.

The fourth edition of this book was published in 2009. The book is available in both print and CD-ROM formats and is also available for immediate download from Virginia CLE’s website at www.vacle.org.
 
The 2011 cumulative supplement is now available from Virginia CLE.  Click here to order.

April 19, 2011

2011 April Criminal Law News Now Available

2011 April Criminal Law News now available via Member Resources Area
May 26, 2011

Section to consider bylaw amendment at Annual Business Meeting

The Section will consider the following amendments to its bylaws during its Annual Business Meeting on Friday, June 17, at 12:30 p.m. - Cavalier Oceanfront Hotel - Virginia Beach

(open to all Section members)

PROPOSED BYLAW AMENDMENTS

SECTION ON CRIMINAL LAW -VIRGINIA STATE BAR

ARTICLE IV

Nomination and Election of Officers

Section 1.  Nominations.   Not less than sixty days (60) before the Annual Meeting, the Chair shall appoint a nominating committee of at least five members not more than three of whom may be members of the Board of Governors. The Immediate Past Chair of the Section shall serve as chair of the nominating committee. The current Chair and Vice Chair also shall serve as “ex officio” members of the committee.

        The nominating committee shall meet at the place of the Annual Meeting at a time designated by the Chair of the Section and shall make and report to the Section nominations for any offices held by members whose terms expire on the 30th day of June following the Annual Meeting, or for any offices which are then vacant.

        Three members of the nominating committee shall constitute a quorum, and, if less than a quorum is present, the Chair of the Section shall appoint new members sufficient to constitute a quorum.  Other nominations may be made from the floor of the Section meeting.

July 7, 2011

2010-2011 Annual Report Available

The 2010-2011 Annual Report of the Criminal Law Section is available.
September 14, 2011

Carrico Professionalism Award Call for Nominations

Call for nominations

September 25, 2011

2012 Annual Seminar Schedule Finalized

The 2012 Annual Seminar schedule has been finalized.

December 12, 2011

Loan Repayment Assistance Available

The Department of Criminal Justice Services (DCJS) is pleased to announce the availability of education loan repayment assistance for prosecutors and public defenders, pursuant to the federal John R. Justice Grant Program.

These funds are available to attorneys employed fulltime in Commonwealth’s Attorneys’ offices who prosecute criminal and juvenile delinquency cases; attorneys employed fulltime by the Indigent Defense Commission who provide legal representation of persons in criminal and juvenile delinquency cases; and fulltime federal defender attorneys in Virginia.

Information about the John R. Justice Program is available on our website at http://www.dcjs.virginia.gov/programs/jrj/. We have posted downloadable versions of the documents needed to apply for assistance: the program guidelines, the application form, and the required Service Agreement.

Applications for assistance must be received by DCJS no later than January 30, 2012.

For further information about the John R. Justice Program in Virginia, contact:

Linda Jafari at 804.786.4155 or linda.jafari@dcjs.virginia.gov
Joe Marshall at 804.786.1577 or joe.marshall@dcjs.virginia.gov

Department of Criminal Justice Services
1100 Bank Street
Richmond, VA 23219

Formal Announcement (.pdf)

February 6, 2012

Public Defender Melinda Douglas Presented with Carrico Award

The Virginia State Bar Criminal Law Section has presented its 2012 Harry L. Carrico Professionalism Award to Melinda Douglas, Public Defender for the City of Alexandria since 1987.

The award was presented on February 3, 2012, during the section’s 42nd Annual Criminal Law Seminar in Williamsburg. The Honorable Martin F. Clark Jr., author and judge in the Patrick County Circuit Court, was the keynote speaker.

The award was named for a former Virginia Supreme Court chief justice who promoted the ideals of professionalism during his 42 years on the state’s highest court.

Petersburg General District Court Judge Lucretia A. Carrico, daughter of former Chief Justice Carrico, presented the award on behalf of her father.  “Her activities and energy all illustrate her commitment to the improvement of the criminal justice system,” Judge Carrico said of Ms. Douglas during the award presentation. “She realizes that her clients are the poor and the downtrodden, and how important it is to work to ensure that each and every one of them receives a fair trial with proper professional representation that can only be achieved through the hard work necessary to be fully prepared and proficient in the law and facts of each case.”

Ms. Douglas earned a bachelor’s degree from Boston University and a law degree from the Antioch College School of Law. In addition to heading the Public Defender’s office, she is an adjunct professor of law at the Washington College of Law, American University, has been a speaker at various Continuing Legal Education seminars, is a past chair of the Criminal Law Section, and a member of numerous task forces on criminal law.

Ms. Douglas is also a respected teacher. "Melinda's singular and unique contribution to the commonwealth is that by paying attention to each individual attorney, intern, and client that passes through her office, she has improved the system of criminal justice in the Commonwealth of Virginia," according to a group letter signed by federal defenders Kenneth P. Troccoli, Mary E. Maguire, and Richard C. Goemann.

November 7, 2012

VSB Indigent Defense Task Force Proposes Amendments to Virginia Supreme Court Rule 3A:11

Indigent Defense Task Force Proposes Amendments to Virginia Supreme Court Rule 3A:11

February 11, 2013

Cardwell receives 2013 Carrico Professionalism Award

Cardwell receives 2013 Carrico Professionalism Award

July 8, 2013

2012-2013 Annual Report is available

The 2012-2013 Annual Report (.pdf) is available.

October 3, 2013

2013 October Criminal Law News Now Available

The 2013 October Criminal Law News is now available in the Member Resources area.

January 7, 2014

2014 January Criminal Law News Now Available

The 2014 January Criminal Law News is now available in the Member Resources area.

January 14, 2014

Please Participate in a Study on Forensic Evidence

Professors Brandon Garrett and Gregory Mitchell of the University of Virginia School of Law are conducting research on how people evaluate forensic evidence, and you are invited to participate in this research.

Your participation would be voluntary and anonymous and would only take a few minutes of your time. The study involves a few questions about a hypothetical criminal case and can be completed online.

If you are interested in possibly participating, please click on the following link:
https://uvsol.qualtrics.com/SE/?SID=SV_9KPV9zvxDnRaEK1

If you have any questions or concerns, please contact Gregory Mitchell at pgm6u@virginia.edu or 434-243-4088.

Thank you,
Brandon Garrett & Gregory Mitchell
University of Virginia School of Law
580 Massie Road
Charlottesville, Virginia 22903-1738

February 18, 2014

Zerkin receives 2014 Carrico Professionalism Award

Zerkin receives 2014 Carrico Professionalism Award

May 18, 2014

2014 May Criminal Law News Now Available

The 2014 May Criminal Law News is now available in the Member Resources section.

July 1, 2014

New Board of Governors Elected for 2014-2015

New Board of Governors elected for 2014-2015.

October 6, 2014

2014 October Criminal Law News Now Available

The 2014 October Criminal Law News is now available in the Member Resources area.

October 8, 2014

Call for Nominations - The Harry L. Carrico Professionalism Award

Nomination form (.pdf)

The Harry L. Carrico Professionalism Award was established in 1991 by the Section on Criminal Law of the Virginia State Bar to recognize an individual (judge, defense attorney, prosecutor, clerk or other citizen) who has made a singular and unique contribution to the improvement of the criminal justice system in the Commonwealth of Virginia.

The award is made in memory of the late Chief Justice of the Supreme Court of Virginia,  Harry L. Carrico,  who exemplifies the highest ideals and aspirations of professionalism.  Chief Justice Carrico was the first recipient of the award which was instituted at the 22nd Annual Criminal Law Seminar in February 1992.

Although the award will only be made from time to time at the discretion of the Board of Governors of the Criminal Law Section, the Board will invite nominations annually. Nominations will be reviewed by a selection committee consisting of former chairs of the section and Chief Justice Carrico.

Submission of Nomination

Please submit your nomination on the form below, describing specifically the manner in which your nominee meets the criteria established for the award.  If you prefer, nominations may be made by letter.

Nominations should be addressed to Joel Branscom, Chair, Criminal Law Section, and mailed to the Virginia State Bar Office:  1111 East Main Street, Suite 700 Richmond, VA 23219-3565.  Nominations must be received no later than December 5, 2014. Please be sure to include your name and the full name, address, and phone number of the nominee.

If you have questions about the nomination process, please call Elizabeth L. Keller, Assistant Executive Director for Bar Services, Virginia State Bar, at (804) 775-0516.

Prior recipients

Gerald T. Zerkin 2014
Claire G. Cardwell 2013
Melinda Douglas 2012
The Honorable Jere M.H. Willis, Jr.
2010
Prof. Ronald J. Bacigal
2008
Rodney G. Leffler
2007
The Honorable Paul B. Ebert
2006
Overton P. Pollard
2005
Richard Brydges
2004
Prof. Robert E. Shepherd Jr.
2003
Craig S. Cooley
2002
The Honorable Donald H. Kent
2001
The Honorable Paul F. Sheridan
2000
Dennis W. Dohnal, Esquire
1999
The Honorable Richard H. Poff
1998
Reno S. Harp III, Esquire
1997
The Honorable Robert F. Horan
1996
Oliver W. Hill Sr., Esquire
1995
James C. Roberts, Esquire
1993
The Honorable Harry L. Carrico
1992