Preface

Preface

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Preface

 

The University of Richmond Law Review proudly presents the thirty-seventh issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth.

The Law Review is honored to dedicate this issue to the memory of Chief Judge Walter S. Felton, Jr., an Associate Editor for Law Review Volume 3—the first student-run issue. Judge Felton’s ambition is further demonstrated by his distinguished legal career. As a pillar of his community, Judge Felton’s loss is felt by many. We remain extremely thankful for his service and dedication to this Law Review, the legal profession, and the country.

Kelly S. O’Brien *

* Annual Survey Editor

 

In Memoriam: The Honorable Walter S. Felton, Jr.

In Memoriam: The Honorable Walter S. Felton, Jr.

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In Memoriam: The Honorable Walter S. Felton, Jr.

 

The career of Judge Walter S. Felton, Jr., is marked indelibly with the theme of “called to service.” First, as a Captain in the United States Army, representing wounded soldiers returning home from Vietnam. Second, as counsel to one of Virginia’s Governors, which included playing a pivotal role in leading the Commonwealth through the unprecedented national tragedy of September 11, 2001, and its aftermath. Third, as a judge and then chief judge of the Court of Appeals of Virginia. These three stages of his career highlight Judge Felton’s commitment to public service and his value to his beloved Commonwealth

Marla Graff Decker *

* Marla Graff Decker is a 1983 graduate of the University of Richmond School of Law. She currently serves as the Chief Judge of the Court of Appeals of Virginia.

 

Foreword

Foreword

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Foreword

 

This most recent issue reflects this wonderful tradition. In addition to the Annual Survey of Virginia Law, this issue includes three articles that may be of broad interest. First is Professor Eisen’s Article on energy justice—a topic of growing national and international significance. This thoughtful Article examines the various efforts—successful and unsuccessful—that were undertaken in the wake of COVID-19 to assist lower-income Virginia residents and assure that they are not cut off from critical utility services. While Virginia is the focus of this article, it provides a fascinating case study and may provide lessons for other states and for scholars interested in the dual issues of energy justice and clean energy policies.

Wendy Collins Perdue *

* Wendy Collins Perdue is a 1978 graduate of Duke University School of Law. She currently serves as the Dean of the University of Richmond School of Law.

 

Cannabis Law

Cannabis Law

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Cannabis Law

 

On July 1, 2021, Virginia became the sixteenth state to permit recreational use of cannabis. As of 2022, thirty-nine states have legalized the medical use of cannabis, and nineteen states and the District of Columbia have legalized the adult use of cannabis for recreational purposes. “A CBS News/YouGov poll released in April 2022 found that two-thirds of Americans want recreational [cannabis] use to be legalized under federal law and in their own state.” This Article summarizes the history of cannabis regulation and examines the current legal landscape in Virginia governing the possession, cultivation, manufacturing, and sale of cannabis.

Lisa Moran McMurdo *

Steven D. Forbes **

Stewart R. Pollock ***

Christian F. Tucker ****

* Partner, Moran Reeves & Conn PC, Richmond, Virginia. J.D., 1999, University of Virginia School of Law.

** Associate, Moran Reeves & Conn PC, Richmond, Virginia. J.D., 2016, North Carolina Central University School of Law.

*** Associate, Moran Reeves & Conn PC, Richmond, Virginia. J.D., 2014, University of California, Hastings College of Law.

**** Associate, Moran Reeves & Conn PC, Richmond, Virginia. J.D., 2017, University of Richmond School of Law.

 

Civil Practice and Procedure

Civil Practice and Procedure

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Civil Practice and Procedure

 

This Article discusses Supreme Court of Virginia opinions and revisions to the Code of Virginia and Rules of the Supreme Court of Virginia impacting civil procedure here in the Commonwealth over the last year.

The Article first addresses opinions of the supreme court, then new legislation enacted during the 2021 General Assembly Session, and finally, approved revisions to the Rules of the Supreme
Court of Virginia.

Christopher S. Dadak *

* Principal, Guynn, Waddel, Carrol & Lockaby, P.C., Salem, Virginia. J.D., 2012, University of Richmond School of Law.

 

Criminal Law and Procedure

Criminal Law and Procedure

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Criminal Law and Procedure

 

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 ***

Robin M. Nagel ****

Tanner M. Russo *****

* Assistant Commonwealth’s Attorney, Frederick County Commonwealth’s Attorney’s Office, Commonwealth of Virginia.

** Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia.

*** Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia.

**** Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia.

***** Assistant Attorney General, Criminal Appeals Section, Office of the Attorney General, Commonwealth of Virginia.