Category Archives: Virginia Law

Convicted, But Innocent–Emerson Stevens

Emerson Stevens with his attorneys, Jennifer Givens and Deidre Enright.   Photo credit: Alec Sieber/ UVa School of Law

by Dick Hall-Sizemore

In August, Governor Northam granted a full pardon to Emerson Stevens.   Stevens had been convicted of killing a young mother of two in 1985 in a small fishing village on the Northern Neck.  The pardon was based on evidence that “reflects Mr. Stevens’ innocence.”

Stevens maintained from the beginning that he was innocent.  His first trial ended in a hung jury.  The second jury found him guilty and sentenced him to 164 years in prison.

He was paroled in 2017 after being held in jail and prison for more than 30 years for a crime he did not commit.  Although free on parole, he continued to fight to clear his name. Continue reading

Coming to Virginia – a New State of Emergency?

Why is this man smiling?

by James C. Sherlock

The Governor’s 15-month emergency powers expired June 30, and, God, does he miss them.

From The Virginian-Pilot:

“School districts that aren’t requiring masks, including several in Hampton Roads, are running afoul of state law, Gov. Ralph Northam said Thursday.”

OK.

The bigger questions are

  • how long the governor will put up with the lack of emergency powers;
  • when he will start to follow Virginia’s Pandemic Emergency Annex to its Emergency Operations Plan; and
  • is the General Assembly even interested?

Continue reading

Where Is a Parents’ Bill of Rights for Virginia?

by James C. Sherlock

Sometimes, the simplest and certainly one of the best ways for a public official to serve the public is to inform them about things they care about.

The Attorney General of Indiana, perhaps the best governed state in America, has just published a roadmap for parents and caregivers to “exercise their legal right to have a voice in their children’s education.”

It is called the Parents Bill of Rights and is exactly the kind of initiative attorneys general should take to inform citizens of their rights on issues of public importance.

Good luck seeing such an assessment from Virginia’s AG. Continue reading