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Southwest Virginia Law Blog

Items of interest to lawyers in Southwest Virginia and beyond.
By Steven R. Minor

Post Frequency: 2.3/day

Last Entry: July 09, 2020 at 12:40:00

The Carbon Capture and Storage Early Deployment Act

Posted on June 21, 2008
This post considers the Carbon Capture and Storage Early Deployment Act, H.R. 6258, introduced by Rick Boucher, which provides for an industry-funded, non-government "Carbon Storage Research Corporation."

He said it

Posted on June 21, 2008
"So Mr. Obama, if you're going to call for 'the highest-speed broadband access' can you please stop pussyfooting around like just about everyone else and start acknowledging that that means getting a fiber strand strung to every building in America?"Geoff Daily, Apprising

Santos, Santos, Santos

Posted on June 18, 2008
The Bristol paper reported here that Chief Judge Jones is trying to figure out the Supreme Court's decision in U.S. v. Santos, before deciding what to do in the case of the Lee County dentist.Maybe the dentist's lawyer will sign up for this seminar, the ad for which says of Santos and Cuellar v...

On the late Harry Hall

Posted on June 12, 2008
This morning, Dana spotted a brief notice in the morning paper that Harry Hall has died.Harry Hall is just about the best guy from Bristol I ever met. The deacon at St. Anne's, he was part of our marriage preparation, way back when, and a good friend of mine ever since...

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Best U.S. Open story

Posted on June 10, 2008
I still like the story reported here and here and elsewhere about Tony Romo, Matt Lauer, Justin Timberlake, and a fellow from Nebraska with cancer, trying to break 100 on Friday at Torrey Pines. The dude from Nebraska shot 114 and savored it all, sounds like...

And, the horse you rode in on

Posted on June 10, 2008
Here and elsewhere it says that Andrea Mitchell, from the gang of happy idiots at MSNBC, has apologized for her characterization of the people of Bristol, Virginia, on the occasion of the visit by Obama last week.Another of that sorry bunch, Chris Matthews, will be at the Bristol library a few weeks before the election...

The Fourth Circuit: fewer judges equals fewer arguments

Posted on June 08, 2008
Here is the take of one of the Volokh Conspirators on the state of the Fourth Circuit, still missing too many judges, and the subject of the cover story in this month's ABA Journal.

Sell assets, not stock?

Posted on June 08, 2008
In Andrews v. Browne, the Virginia Supreme Court held that the sale of 100% of the stock of a closely-held corporation is subject to the Virginia Securities Act.

That other Buchanan County case

Posted on June 08, 2008
The Supreme Court decided on Friday in Levisa Coal v. Consolidation Coal that Consol's lease did not give it the right to "store excess water" on the leased premises from coal mining on other property, reversing the Buchanan County circuit court.The case was argued for the appellant by Scott Sexton from Gentry Locke, with Monica Monday and some lawyers from the Street Law Firm on brief...

On the Tennessee side

Posted on June 08, 2008
The Kingsport paper has this disturbing story about a good lawyer who made one or more bad mistakes.It begins:"A former Johnson City attorney who pleaded guilty to attempted forgery for signing a client?s name to a probation hearing waiver ended up losing his law license, his practice, his home and cars...

Judge Weckstein a candidate for Virginia Supreme Court

Posted on June 08, 2008
The Roanoke Times has this article that says Judge Clifford Weckstein is a candidate for the vacant position on the Virginia Supreme Court.The article cites Steve Emmert who bemoans the circumstances that might reduce the field of candidates, but if Judge Weckstein is in the running, that's evidence that there may be quality if not quantity...

No kidding

Posted on June 08, 2008
I just saw this picture that my dad posted somewhere. Some people are (still) surprised to learn that the proprietor of Appalachian Resources, also the Rose Hill blogger, is my sister.

Last week's case

Posted on June 08, 2008
Here are the stories from the newspapers:Daniel Gilbert, Bristol Herald-Courier -Buchanan County Seeks To Recover Money It Says It Lost Due To Bribery ScandalFederal Jury Is Deciding Liability In Buchanan County, Va., Bribery CaseContractors To Pay $500,000 To Buchanan County In ?Coon Dog? CaseLaurence Hammack, Roanoke Times -Big Coon Dog lawsuit trees little cash

The big case

Posted on June 06, 2008
Well, the jury verdict was $500,000, and not on the RICO counts. That's less than I had hoped, but better than nothing.It was pretty exciting, I'll write more about it one of these days.

Head games

Posted on June 02, 2008
On Friday night, opposing counsel sent me a note that said quit working so hard.I laughed and told some people about this note, and one of them asked me about that other lawyer, and I said he's a bulldog.And, the reply was, then he's in trouble, because he's a bulldog but this is a coondog case...

Ex-judge Shull speaks out

Posted on May 26, 2008
Daniel Gilbert had this lengthy article, with Mickey Shull's thoughts on what happened to him, that he lost his judgeship.There are some parts of the article I don't like, but it is definitely worth reading, to ponder the many ironies.Previously, I posted my thoughts here.

On T. Keister Greer

Posted on May 24, 2008
The Roanoke paper reports here on the interesting life and times of the Rocky Mount lawyer, who wrote about the Franklin County moonshine case, as described here, tried in Harrisonburg before Judge John Paul.

Why quit before November?

Posted on May 24, 2008
Senator Clinton cites the example of the assassination of Robert Kennedy as a reason why she should not stop her campaign.Following this same logic, perhaps after the convention, she will continue to campaign, citing the possibility that Obama has not disclosed prior hospitalization for mental illness, as in the case of the vice-presidential nominee in 1972.

Back out of prison

Posted on May 23, 2008
Yesterday at the Ashland, KY, prison camp, we deposed Ray Blankenship, who is the former chairman of the board of supervisors from Buchanan County, and we had a court reporter, and videographer, and they were two women from Lexington, and on his way out, the witness/inmate gave them a nod and told them he was particularly glad they came by to see him...

The 25th reunion year

Posted on May 21, 2008
This is, I am reminded, the 25th year after graduation from high school, and I've heard there will be a reunion.Those who knew me then might say, as some have, that my life has proceeded according to plans that were made in junior high, more or less. I might say the same thing, more or less, by the bare preponderance of the evidence...

Stuff I've missed

Posted on May 21, 2008
Justice Agee was confirmed to the Fourth Circuit, as reported here and elsewhere.Julie Dudley took over as head of the United States Attorney's office, reported here.All this while I've been driving back and forth to Grundy, and plotting my next trip which is to a federal prison.

Just in time for the election

Posted on May 15, 2008
Here's the decision from the California Supreme Court, in which the divided Court declared that the state's ban on same-sex marriage violates the Equal Protection clause of the state constitution - notwithstanding the statewide referendum on the definition of marriage from only eight years ago...

More on West Virginia

Posted on May 14, 2008
According to CNN:Logan County - Clinton 84%, Obama 11%Mercer County - Clinton 72%, Obama 21%Mingo County - Clinton 88%, Obama 8%Raleigh County - Clinton 66%, Obama 26%All that seems about what you'd guess based on Buchanan and Tazewell counties in Virginia.

She said it

Posted on May 13, 2008
"From potheads to prostitutes to public urinators, they get it all in General District Court.I highly recommend a few hours there, especially if you can no longer afford movie tickets. Shoot, sometimes there's even nudity."Kerry Dougherty, in the Norfolk paper...

What to expect from West Virginia

Posted on May 13, 2008
I haven't been to West Virginia in a while, but I recall that in the Virginia primary back in February, there were these results in some Southwest Virginia counties that border on West Virginia:Buchanan County - Clinton 89.91%, Obama 9.09%Tazewell County - Clinton 78...

Cert granted in Bell case from Virginia

Posted on May 12, 2008
An order came down from the U.S. Supreme Court today granting certiorari on the first issue in what is now called Bell v. Kelly, the post-conviction appeals of the Winchester murder case.The AP has this report, and SCOTUSBlog has this post with links to the court filings...

On Jennifer McClellan

Posted on May 09, 2008
I read here and elsewhere that superdelegate Jennifer McClellan switched over to Obama, which is good because I'd think her otherwise incomprehensible support for Ms. Clinton would be an albatross around her neck for the rest of her career.I mean, if a couple of old timers like Rick Boucher and Tim Kaine figured that one out months ago, you'd think that Ms...

Wow, President Bush nominates SW Virginia's own Judge Conrad for Fourth Circuit

Posted on May 09, 2008
It is reported here and elsewhere that President Bush has nominated Judge Glen Conrad of the W.D. Va. to a vacancy on the Fourth Circuit.The article says in part:"The White House announced Thursday that Bush had nominated Glen E. Conrad to the Richmond, Va...

No kidding

Posted on May 07, 2008
Not too long ago, I was arguing about something and invoked the goose and gander rule, of which I have previously written here. I have heard Magistrate Judge Sargent say that the goose and gander rule "is good law" in the Western District.The state court judge in ruling on the point declared essentially this: "I won't invoke cliches like Mr...

Interesting

Posted on May 07, 2008
Hunton & Williams lawyer Tom Slater is the new president of the VMI board of visitors. I often tell stories of a case I had with him long ago. Every experience I ever had with a Hunton & Williams lawyer has generated a few stories, going back to the first one I ever met, a fellow named Jim Farnham who did an amazing job trying a products liability case about a riding mower, before Judge Williams when I was a law clerk...

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