Disrupting Death: How Specialized Capital Defenders Ground Virginia’s Machinery of Death to a Halt

Disrupting Death: How Specialized Capital Defenders Ground Virginia’s Machinery of Death to a Halt

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Introduction

Virginia’s repeal of capital punishment in 2021 is arguably the most momentous abolitionist event since 1972, when the United States Supreme Court invalidated capital punishment statutes nationwide. In part, Virginia’s repeal is momentous because it marks the first time a Southern state abolished the death penalty. In part, it is momentous because even among Southern states, Virginia was exceptional in its zeal for capital punishment. No state executed faster once a death sentence was handed down. And no state was more successful in defending death sentences, allowing Virginia to convert death sentences into executions at a higher rate than any other state in the Union. Sure, Texas holds the record for the most executions in the modern era of capital punishment. But Virginia was next in line with the second most executions in the modern era, and it holds the record for the most executions in the history of the United States, period.6 Granted, Virginia had been executing people for over 400 years, so it had a head start. But that just makes its repeal of the death penalty all the more remarkable. How did Virginia go from all-in on the death penalty to abolition?

 

* Corinna Barrett Lain

** Douglas A. Ramseur

* S.D. Roberts and Sandra Moore Professor of Law, University of Richmond School of Law

** Adjunct Professor of Law, University of Richmond School of Law, and owner of The Ram Law Firm, P.L.L.C., in Richmond, Virginia

 

Wills, Trusts, and Estates

Wills, Trusts, and Estates

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Introduction

The 2021 Virginia General Assembly did not pass any major laws governing estates or trusts this year. However, it did pass several legislative efforts related to the field and of which practitioners should be aware. Perhaps the most relevant update given the COVID-19 pandemic was the Legislature’s effort to modernize procedures for electronic notarizations and electronic recording of documents. Another new law was designed to improve retirement savings participation rates in the Commonwealth by requiring certain employers to enroll their employees by default in a new, state-facilitated individual retirement account program. The Legislature also passed several bills designed to make it easier for disabled individuals to receive third-party support when making their own healthcare, financial, and personal decisions. New laws also expanded the class of parents and custodians who can designate a standby legal guardian for a minor and slightly modified the order of priority for beneficiaries in a wrongful death suit. Finally, the Legislature updated the Virginia Stock Corporation Act as it pertains to filing procedures and requirements, shareholder notice requirements, and the ability of directors to take emergency action. Although these changes were not technically substantive developments in the area of wills, trusts, and estates, attorneys should be mindful of them when advising their clients in ancillary corporate matters.

Katherine E. Ramsey *

Sarah J. Brownlow**

* Member, Virginia Estate & Trust Law, PLC, Richmond, Virginia. J.D., 1998, University of Virginia; M.S., 1988, Boston University; B.A., 1986, Virginia Polytechnic Institute and State University.

** Of Counsel, Virginia Estate & Trust Law, P.L.C., Richmond, Virginia. J.D., 2009, Vanderbilt University Law School; B.B.A., 2004, College of William & Mary.

 

 

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.

 

 

In Memoriam: Clint Andrew Nichols

In Memoriam: Clint Andrew Nichols

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In Memoriam: Clint Andrew Nichols

Every year, the University of Richmond Law Review hosts a  symposium and publishes an accompanying issue of written work.  One rising third-year student volunteers as tribute to head up  both tasks. To succeed, the law student needs to exhibit excellence  in a number of ways that might be more “traditional” when it  comes to serving on the Law Review—timeliness, an eye for detail.  But the law student must be more—a politician of sorts, emceeing  an event that draws hundreds to the law school all the while connecting with a wide-range of personalities and individuals.  Clint Nichols fit the bill perfectly.  

A native of Winchester, Virginia, Clint graduated from Roanoke  College before moving to Washington, D.C., to begin a stint as a  staffer for the late United States Senator from Virginia, John W.  Warner. Not to be confined to the “world’s greatest deliberative  body,” he also served as an advance man on several presidential campaigns—for John McCain, for Mitt Romney, and for Marco  Rubio.  

In 2012, the outgoing board selected Clint to run the annual  symposium and direct the publication of the accompanying book.  Being a presidential year, it was only natural that Clint drew on  his background (and passion) in politics. Election Law: Beyond the  Red, Purple, and Blue was born.  

As for timeliness, one could hardly imagine a more appropriate  topic for that year.  

As for detail, he left none unaddressed. Indeed, in the last  minutes before the start of the symposium, Clint was furiously fashioning wire hangers to position perfectly the American flags in the backdrop of the panel. Betsy Ross would have been proud.  

As for the politician, that came naturally. From start to finish,  he commanded the panels that he moderated, glad-handed all the  guests, and made everyone with whom he interacted feel like the  most important person there.  

After a (brief) break from his duties, he successfully marshaled  to publication the symposium book just before our graduation in  the spring of 2013.  

In short, the Law Review and the University of Richmond School  of Law benefitted greatly from Clint’s service on the Volume 47  Executive Board.  

Those qualities he exhibited on the Executive Board propelled  him to professional success as well—first as a law clerk to United  States District Judge Henry E. Hudson, then as a partner at Han cock Daniel.  

While certainly proud of those accomplishments, he was most  proud of the accomplishments in his personal life. He constantly  (constantly) talked about his family. He made life-long friends everywhere he went. He volunteered his time to causes for the better ment of others.  

And he wanted to connect everyone he met along the way—no  matter how or when the relationship was forged. He wanted his  Roanoke College friends to meet his law school classmates—usu ally at Virginia Beach with a beverage in hand. He introduced his  law school classmates to his family—making the mistake of bringing them to his parents’ house for a birthday party where we  could see his baby pictures in all of their glory. And he wanted to  connect his family with those he met volunteering—going so far as  to make them one-in-the-same.  

Words can hardly express what the world has lost with Clint’s  untimely passing. He affected each of us in his own way. And each  of our lives was better for it.  

– Frank Talbott V

 

Thank You, Glenice!

Thank You, Glenice!

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Thank You, Glenice! 

 

Volume 56 would like to extend our warmest gratitude and appreciation to Glenice  B. Coombs, our Legal Publication Coordinator. Glenice has been an essential asset of  the University of Richmond Law Review for the past forty years, beginning with Volume 16 in 1981. As her chapter with Law Review comes to a close, it would be a  disservice not to pause and acknowledge Glenice’s endless dedication to Law Review’s  success, her unwavering commitment to excellence, and most importantly, the guidance and warmth that she brings to all who have had the pleasure of working along side her.  

The following Volumes of Law Review will miss Glenice’s eye for detail, inspiring  work ethic, and contagious laughter. It is people like Glenice that make the sleepless  nights of editing manuscripts worthwhile. From every member of Law Review, past  and present: thank you, Glenice!