Taxation

Taxation

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Introduction

 

This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions and other pronouncements from the Virginia Department of Taxation (“Tax Department” or “Department of Taxation”) and the Attorney General of Virginia over the past year.

Part I of this Article addresses state taxes. Part II covers local taxes, including real and tangible personal property taxes, license taxes, and discrete local taxes.

The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that are most likely to impact their clients. However, it does not address many of the numerous minor, locality-specific, or technical legislative changes to Title 58.1 of the Virginia Code, which covers taxation.

 

Craig D. Bell *

* Partner, McGuireWoods LLP, Richmond, Virginia. LL.M., 1986, Marshall-Wythe School of Law, College of William & Mary; J.D., 1983, State University of New York at Buffalo; M.B.A., 1980, Syracuse University; B.S., 1979, Syracuse University. 

 

 

Juvenile Justice

Juvenile Justice

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Introduction

This Article serves as a review of recent juvenile justice law and legislative trends in Virginia. This Article will review both codified changes and relevant proposed legislation that did not pass the Legislature to more fully identify trends in juvenile justice. While this Article does not capture every proposed or codified change to Virginia juvenile justice law, it does identify and present the most significant changes and trends over the last two legislative sessions to the laws governing the entrance of youth into the criminal legal system, the treatment of Virginia’s youth directly involved in the criminal legal system, and the treatment of youth convicted or adjudicated delinquent by a Virginia tribunal and serving a sentence in a designated facility. This Article further discusses the potential ramifications of such legislative changes on youth and their families and what practitioners must be aware of when representing youth facing charges of unlawful behavior in the Commonwealth of Virginia.

Valerie Slater*

*Executive Director, RISE for Youth Coalition. J.D., 2012, University of Richmond School of Law; B.A., 2009, Colorado State University.

 

Family Law

Family Law

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Introduction

This Article provides a practical update on recent changes in Virginia law in the family law realm, including, but not limited to, divorce, custody and visitation, adoption, child support, and equitable distribution of assets and debts. There have been significant legislative amendments regarding the divorce process with the introduction of the Uniform Collaborative Law Act as well as the removal of the corroborating witness requirement for no-fault divorce matters. This succinct synopsis outlines legislative changes as well as significant judicial decisions within the past year.

Rachel A. DeGraba*

* J.D., 2017, University of Richmond School of Law; B.A., 2014, James Madison University. Thank you to Professor Allison A. Tait and Mary Burkey Owens, Esq., for their encouragement and guidance.

 

Criminal Law and Procedure

Criminal Law and Procedure

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Introduction

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation.

Brittany A. Dunn-Pirio*
Timothy J. Huffstutter **
Mason D. Williams ***

 * Assistant Commonwealth’s Attorney, Frederick County Commonwealth’s Attorney’s Office,  Commonwealth of Virginia. J.D., 2016, Washington & Lee University School of Law; B.A., 2013, University of Notre Dame.
** Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia. J.D., 2012, William & Mary School of Law; B.A., 2007, College of William & Mary.
*** Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia. J.D., 2017, Washington & Lee University School of Law; B.A., 2014, Transylvania University. 

 

Civil Practice and Procedure

Civil Practice and Procedure

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Introduction

This Article analyzes the past year of Supreme Court of Virginia opinions, revisions to the Virginia Code, and Rules of the Supreme Court of Virginia impacting civil procedure here in the Commonwealth. On top of those changes, dealing with the pandemic certainly was a trying time for practitioners, the judiciary, and all those involved in the administration of justice and the law. The author appreciates the sacrifices made by all those individuals and sympathizes with all who lost a loved one in this time.

The Article first addresses opinions of the Supreme Court of Virginia, then new legislation enacted during the 2020 General Assembly Session, and finally the approved revisions to the Rules of the Supreme Court of Virginia.

Christopher S. Dadak*

*Associate, Guynn, Waddell, Carroll, & Lockaby, P.C., Salem, Virginia. J.D., 2012, University of Richmond School of Law; B.A., 2008, Washington and Lee University.

 

Foreword

Foreword

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Foreword

The 2020–2021 legislative session was one of the busiest legislative sessions on crime and punishment in recent memory. Much was accomplished. Much still needs to be tackled. Several significant criminal justice reform measures were passed:

● Abolishing the death penalty in Virginia;
● Authorizing judges to sentence a defendant after a jury trial, changing 224 years of precedent;
● Ending the presumption against bail;
● Authorizing parole eligibility and review for juvenile offenders;
● Preventing an individual from being arrested/prosecuted for purchasing/possessing a controlled substance after reporting an overdose to emergency services; 

● Prohibiting law enforcement/jail officers from strip searching minors;

● Enacting a police reform omnibus bill banning the use of chokeholds by law enforcement, requiring law enforcement to undergo training in de-escalation techniques, creating a duty to intervene if law enforcement officers witness misconduct by other officers, and banning no-knock-warrants;
● Expanding the authority of Civilian Review Boards in Virginia to investigate incidents of police misconduct, and giving the authority to issue subpoenas;

● Legalizing simple possession of marijuana;
● Creating degrees of robbery;
●Prohibiting vehicle searches based on the odor of marijuana;

● Requiring judges in criminal proceedings to take mental/emotional conditions into consideration;

● Allowing for automatic expungement of certain misdemeanors from criminal records and for individuals to petition circuit courts to have certain misdemeanor/felony convictions to be expunged;

● Allowing individuals to obtain a restricted driver’s license without paying court fines;

● Creating a Public Defender Office in Chesterfield County.

Joseph Giarratano*

*Mr. Giarratano spent thirteen years on Death Row in Virginia, where he served as a client advisor for the Virginia Coalition on Jails and Prisons and as a member of the advisory board of the Center for Teaching Peace, Washington, D.C. His fight to avoid electrocution attracted the support of advocates as diverse as columnist James J. Kilpatrick and Amnesty International, many of whom argued that there is serious doubt as to Mr. Giarratano’s guilt. Mr. Giarratano has also attracted significant attention due to the innovative legal scholarship he has brought to his involvement in right-to-counsel and other death penalty related litigation, and to the articles he has published on Death Row issues.

 

 

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