The requested writ of mandamus is issued to that effect; a writ of prohibition is denied. Commonwealth 07/14/2016 The circuit court did not err in denying a motion to withdraw a guilty plea almost three years after it was made.Prejudice to the Commonwealth is a relevant factor that should be considered when reviewing a motion to withdraw a guilty plea, and in this case it cannot be said that the trial court erred by weighing the equities and considering the resulting prejudice to the Commonwealth due to the lengthy delay between the defendant's entry of his guilty plea and his motion to withdraw that plea.
Code 24.2-431 does not provide the exclusive remedy for petitioners allegations, and the petition is not deficient for failure to join necessary parties; accordingly, the motion to dismiss the petition is denied.
On the merits, the executive orders violate Article I, Section 7 and Article II, Section 1 of the Constitution of Virginia, and are unconstitutional.
No election official in the Commonwealth may enforce them.
The Secretary of the Commonwealth, the State Board of Elections, the Virginia Department of Elections, and their employees, agents, chairpersons, and commissioners, are ordered to take specified actions to satisfy their duties to ensure that only qualified voters are registered to vote.
As of February 8, 2008 all opinions are Adobe Acrobat PDF documents.
The Adobe Acrobat Viewer (free from Adobe) allows you to view and print PDF documents.Click here for Supreme Court of Virginia Opinions Revised within the last six-months 160784 Howell v.Mc Auliffe 07/22/2016 On petition for writs of mandamus and prohibition brought by the Speaker of the House of Delegates, the Majority Leader of the Senate, and four other Virginia registered voters against the Governor, the Secretary of the Commonwealth, the Virginia Department of Elections, its Commissioner, and the State Board of Elections seeking to cancel voter registrations under the Governors executive orders restoring voting rights and removing political disabilities of approximately 206,000 Virginians convicted of felonies, and to prevent further such orders categorically restoring voting rights, each petitioner has standing to challenge the executive orders and the registration of voters authorized in the orders.The judgment of the Court of Appeals, upholding the judgment of the circuit court, is affirmed. Commonwealth 07/14/2016 The trial court did not abuse its discretion in refusing a defendant's motion to withdraw his guilty plea, and the Court of Appeals did not err in upholding that ruling, where the record supported the findings of both courts that there was no showing of imminently threatened harm to support the defendant's proposed defense of duress or necessity in possessing a firearm after having previously been convicted of a felony.The judgment of the Court of Appeals upholding the trial courts denial of the defendants motion to withdraw his guilty plea is affirmed. Virginia Health Services 07/14/2016 The circuit court judgment dismissing a declaratory judgment complaint filed by two decedents estates seeking to assert a private right of action for the production of documents under 12 VAC 5-371-140(G) is affirmed.The governing statute does not imply a private right of action for the enforcement of this regulation and, thus, the estates claims cannot be enforced in a declaratory judgment action.