Category: Courts and law
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Fix the Virginia Department of Health
by James C. Sherlock Governor Youngkin and his new administration have an opportunity to fix crucial problems in the Department of Health that have been festering for decades. The issues: How can Virginia regulate effectively its state-created healthcare monopolies? In a directly related matter, how can we fix the failures, famously demonstrated during COVID, of…
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Paying for Miscarriages of Justice
by Dick Hall-Sizemore The 2022 General Assembly appropriated $6.5 million to compensate seven individuals who had been wrongly incarcerated. The men had been convicted of crimes which it was later determined they did not commit. They were: Eugene Stevens–$1.7 million. (HB 394) Stevens was convicted of murder in 1986 in Lancaster County and sentenced to…
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NOW They Sue
by Kerry Dougherty They’re so dang proud of themselves. My former employer, The Virginian-Pilot, is so delighted with itself for joining with other corporate news outlets to sue Gov. Glenn Youngkin that they’ve Tweeted about it six times and even put it on the front page for the ever-dwindling number of people who still subscribe.…
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Criminal Charges Against Conservative School Activist Dismissed
by James A. Bacon A General District Court judge has dismissed criminal charges leveled by against Harry Jackson, a conservative parent active in the Thomas Jefferson High School of Science and Technology admissions controversy. A Fairfax magistrate had charged Jackson, who had alleged in tweets and a YouTube video that a political antagonist had engaged…
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Steve Descano: Will “Not Prosecute” Harry Jackson
by Asra Nomani FAIRFAX COUNTY, Va. — An attorney from the office of Fairfax County Commonwealth Attorney Steve Descano has filed a motion to nolle prosequi, Latin for “not prosecute,” Harry Jackson, a former U.S. Naval intelligence officer and father who has been a strong parent advocate against the war on merit education in this…
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Prosecutor “Evaluating the Facts” in Virginia v. Anti-Woke Dad
by Asra Q. Nomani FAIRFAX, Virginia – A spokeswoman for Fairfax County Commonwealth Attorney Steve Descano says the prosecutor’s office is “evaluating the facts” of four criminal cases that accuse a black father, Harry Jackson, of “slander and libel” for raising concerns that a local woke activist was engaging in “grooming behavior.” I have evaluated…
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ACLU Wants Masks on Kids
by Kerry Dougherty It’s official. One of the most malignant organizations in Virginia is the ACLU. These far-left lawyers, who are supposed to be concerned with civil liberties (hey, it’s in their name: the American Civil Liberties Union), sucked their thumbs as Democrat Gov. Ralph Northam stomped all over the civil rights of Virginians for…
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The Richmond Times Dispatch, “Hate Groups” and Journalism
by James C. Sherlock The Hanover County School Board (HCSB) is seeking legal assistance in reviewing its transgender policy from the Alliance Defending Freedom (ADF), a conservative legal organization that provides its services pro bono. ADF’s key values that it goes to court to defend are religious freedom, free speech, marriage and family, parental rights,…
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National Security, West Virginia Natural Gas and Hampton Roads – A Proposed Federal Law
by James C. Sherlock This is the fourth in a series of columns recommending bringing West Virginia natural gas to Virginia and from there to our allies. The only way to do get that done with any assurance and speed under the energy emergency in which we find ourselves and the world is for…
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Should It Be OK For The Police To Lie?
by Dick Hall-Sizemore On at least five occasions over a four-year period, Virginia Beach police confronted suspects with fake documents that indicated the suspect had been connected to a crime through DNA evidence. The documents were forged certificates of analysis, complete with the letterhead of the Virginia Department of Forensic Sciences and the Seal of…
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A Dangerous Overreach in Public School Policy
by James C. Sherlock Disturbed by the actions of Fairfax County Public Schools (FCPS), I have just finished reading Threat Assessment and Management in Virginia Public Schools: Model Policies, Procedures, and Guidelines (Model Policies), a publication of the Virginia Department of Criminal Justice Services (DCJS). It enjoins schools to investigate everyone, including “persons unaffiliated with the…
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Arlington Judge Rules in Favor of Forced Masking of Kids
by Kerry Dougherty Amidst the cacophony of leftist celebrations Friday — the high fives, the gloating — over an Arlington County Circuit Court judge’s ruling that the forced masking of school children can continue in Virginia, one important wrinkle went unexplored by the mainstream media. Once again, only Luke Rosiak, a reporter for The Daily…
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Infrastructure Bill, Meet Richmond’s United States Court of Appeals for the Fourth Circuit
by James C. Sherlock The President and members of Congress have celebrated the enactment of the Bipartisan Infrastructure Act into law. In Virginia and the other states (Maryland, North Carolina, South Carolina, West Virginia) of the federal Fourth Circuit, good luck with that. The United States Court of Appeals for the Fourth Circuit just published two…
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These GMU Minions Refuse to Bend the Knee
by James A. Bacon Megan Darling, a 33-year-old George Mason University business school student, received two doses of the Pfizer vaccine in March and April and came down with a case of COVID-19 in December 2021, from which she acquired natural immunity as well. Like other students, she has been informed that she must get…
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What Does Virginia Law Say About Commonwealth’s Attorney Decisions Not to Prosecute Entire Classes of Laws?
by James C. Sherlock I posed two questions in my last article. Can a Commonwealth’s Attorney (CA) decide to decline prosecution of an entire class of misdemeanors? If so, are there any constraints available in the law? By law and precedent the answer to both questions is yes. A CA has discretion in prosecuting misdemeanors.…