Virginia Supreme Court holding that Due Process does not require the state appoint expert witnesses for indigent respondents in the context of SVP hearings.
Thomas v. Commonwealth (Va. 2019)
Posted: September 9, 2023
Farrara v. Commonwealth (Va. 2021)
Posted: September 9, 2023
Virginia Supreme Court opinion holding that a trial court in a SVP commitment proceeding committed harmless error when it excluded proposed evidence from a respondent where the respondent failed to cooperate with a state examiner in the proceeding.
Baughman v. Commonwealth of Virginia (Va. 2022)
Posted: September 9, 2023
In an unpublished opinion, the Supreme Court of Virginia finds reversible error in the trial court, noting that SVPA probable cause hearings require that an expert witness conducting a mental health examination be “designated by the Commissioner” and concluding that the introduction of expert testimony by a mental health professional retained by the Commonwealth, who was not designated by the Commissioner, prejudiced Appellant and had a “substantial influence” on the outcome of the proceeding.
Desper v. Clarke (4th Cir. 2021)
Posted: June 16, 2021
4th Circuit Court of Appeals opinion affirming the lower court dismissal of a lawsuit brought by an individual incarcerated on a sex offense who sued alleging that Department of Corrections Regulations that resulted in him being denied in-person visitation with his minor daughter violated Equal Protection and Due Process.
United States v. Donk (4th Cir. 2020)
Posted: June 15, 2020
4th Circuit Court of Appeals affirming a condition of supervised release, based on individualized circumstances, prohibiting the Appellant from possessing sexually arousing materials.
Prynne v. Settle (4th Cir. 2021)
Posted: February 25, 2020
4th Circuit Court of Appeals opinion reversing a trial court dismissing Ex Post Facto claims, holding that plaintiff adequately pled Ex Post Facto violations, though affirming the dismissal of other constitutional claims.
Fazili v. Commonwealth (Va. Ct. App. 2019)
Posted: December 9, 2019
Virginia Court of Appeals reversing trial court's imposition of general internet usage restriction as a condition of probation without articulating why such a condition would be narrowly tailored.
Bailey v. Commonwealth (Va. Ct. App. 2019)
Posted: August 1, 2019
Virginia Court of Appeals affirming conviction and upholding state law that required registration of internet identifiers.
Doe v. Virginia State Police (4th Cir. 2013)
Posted: April 29, 2019
4th Circuit Court of Appeals affirming the dismissal of civil rights complaint challenging's Doe's reclassification as a sexually violent offender on standing, ripeness, and Procedural Due Process grounds.
Smith v. Commonwealth (Va. 2013)
Posted: June 18, 2013
Virginia Supreme Court opinion holding that subsequent changes to state law reclassifying plaintiff's offense as "sexually violent" did not breach provisions or plea agreement or constitutional protections.