Across Virginia
FALLS CHURCH, Va. (AP) — A federal judge has rejected an appeal from a former University of Virginia lacrosse player that his 2012 murder conviction should be tossed out because of a claim the jury improperly consulted a dictionary.
George Huguely V is serving a 25-year sentence for the 2010 slaying of Yeardley Love, who was herself a lacrosse player at U.Va. and was two weeks away from graduation when she was killed.
Huguely has filed multiple unsuccessful appeals. But in a ruling in December, U.S. District Judge Thomas Cullen in Roanoke opened up a narrow window for Huguely and ordered an evidentiary hearing to be held to determine whether the jury improperly used a dictionary to look up the definition of “malice.”
A finding of malice was necessary to convict Huguely of murder, and his appellate attorneys argued that using a dictionary would be equivalent to reviewing inadmissible evidence; jury instructions already contained a detailed legal definition of malice that should have guided the jury’s discussions.
At a virtual hearing Friday, Cullen dismissed the appeal and said the juror’s claim that a dictionary was used was outweighed by testimony of 26 other witnesses to the contrary, according to Attorney General Mark Herring’s office, which argued to uphold the conviction.
In court papers, Cullen had previously noted that the juror’s claims about use of a dictionary were inconsistent, and that the dictionary was alternately described as a single sheet of paper, a collection of papers and a hardbound book.
Attorneys for Huguely indicated to the judge at the conclusion of Friday’s hearing that they plan to appeal. Jon Sheldon, one of Huguely’s attorneys, declined to comment after the hearing.
The jury convicted Huguely, of Chevy Chase, Maryland, of second-degree murder at a high-profile trial in 2012. It rejected a first-degree murder conviction that could have resulted in a life sentence
GLOUCESTER, Va. (AP) — A school board in Virginia is asking the U.S. Supreme Court to review its transgender bathroom ban after rulings by lower courts that the policy is unconstitutional and had discriminated against former student Gavin Grimm.
The Gloucester County School Board filed a petition before the high court on Friday that argues its bathroom policy poses a “pressing federal question of national importance.”
The school board’s policy, which has drawn national headlines in recent years, required Grimm to use restrooms that corresponded with his biological sex — female — or private bathrooms.
The board has argued previously that federal laws protect against discrimination based on sex, not gender identity. Because Grimm had not undergone sex-reassignment surgery and still had female genitalia, the board’s position has been that he remained anatomically a female.
David Corrigan, an attorney for the school board, did not immediately respond to email and telephone messages seeking comment.
The American Civil Liberties Union, which has represented Grimm in his yearslong lawsuit against Gloucester, released the board’s petition on Friday after it was submitted via email by school board lawyers.
“It is disappointing that after six years of litigation, the Gloucester County School Board is still digging in its heels,” ACLU attorney Josh Block said in a statement. “Federal law is clear: Transgender students are protected from discrimination. Gloucester County schools are no exception.”
RICHMOND, Va. (AP) — The Virginia Senate killed a House proposal to expand access to the commonwealth’s new redistricting commission and help make the process more transparent and democratic.
House Bill 2082, patroned by Del. Mark Levine, D-Alexandria, would have required the redistricting commission meetings to be advertised and accessible to the public. The commission will draw the commonwealth’s electoral districts every 10 years. The General Assembly previously drew the districts.
The bill was passed by indefinitely in the Senate Privileges and Elections committee after passing the House with a 55-41 vote.
“During the debates on the commission, I kept saying ‘There’s no transparency here, there’s no transparency,’” Levine said. “Well, there wasn’t, and there isn’t. Without my legislation, the commission can meet in a dark room.”
The law already requires the commission to allow public comment at meetings, but Levine’s bill called for the meetings to be more widely advertised and in multiple languages.
Levine said that one of the most important parts of the bill is that it allowed people to comment on the district maps after they are drawn, not just before. The bill required that maps be posted on the commission’s website and three public comment periods be held prior to voting.
People are more likely to have opinions once they see the practical impact of a district map, he said.
“You might not care before, and then you look at the map and they’ve split your community right down the middle,” Levine said.
The bill also would have prohibited the Supreme Court of Virginia, which has the authority to decide districts if the commission can’t come to an agreement, from meeting in private.
Because of the COVID-19 pandemic, the commission has been meeting virtually. Eight legislators and eight private citizens serve on the commission, split evenly between the two major political parties. For a map to be approved, 15 of the members would have to vote yes, Levine said. If two or more commission members voted against the map, the decision would go to the Supreme Court, according to Levine. The Court also becomes involved if the state legislature rejects the maps.
Levine said that the redistricting court meetings should be publicly accessible, because the Supreme Court would be acting like a legislature.
“I would’ve shined a bright light on the process, and it would have made the commission better,” Levine said.
Virginians voted to establish the commission during a ballot measure in the November general election, where it won with 66% of the vote.
“It doesn’t make it perfect,” Levine said. “I recognize that Virginians voted for it, but I want to make it better.”
Opponents of Levine’s bill believed that the Supreme Court should have the right to meet privately. Republican members of the Voting Rights subcommittee abstained from voting on the bill, then voted against the substitute version of the bill. The vote that killed the bill in the Senate, however, had both Democrats and Republicans voting against it.
During the House Privileges and Elections committee meeting on Feb. 3, opponents of the bill expressed concerns about whether it would go into effect in a timely manner, as well as concerns about whether the Supreme Court should be able to meet in private.
Del. Bobby Orrock, R-Spotsylvania, asked whether the bill would have an impact on the 2021 district maps, because it would not have gone into effect until July 1. A public commenter asked whether the bill raised “constitutional issues” because it prevents the Supreme Court from deliberating in private.
“Both opponents and supporters of the bill agree that we need transparency,” Levine said during the meeting.
Members of several advocacy groups spoke in support of the bill during the meeting, including redistricting coordinator Erin Corbett of the Virginia Civic Engagement Table, a nonprofit advocacy group that supports left-of-center causes.
“We believe that the newly-developed redistricting commission should work to be accessible and transparent,” Corbett said. “With this legislation, we can better ensure language access, public comment, and inclusivity as we move through the process of redistricting in Virginia.”
A provision in the bill, which was taken out during subcommittee hearings, would not have counted prisoners from outside of the commonwealth as Virginia residents. Virginians who are imprisoned in Virginia have been counted as residents of their home districts, but Levine’s attempt to extend this to non-Virginians imprisoned in Virginia was unsuccessful.
According to the latest numbers released this morning by the Virginia Department of Health there are 213 new confirmed or probable coronavirus cases, 8 new hospitalizations and 5 new deaths are being attributed to Roanoke County alone. VDH officials are also reporting 201 less cases, 7 less hospitalizations, and 6 less deaths in Roanoke City. Today’s numbers also show 8 new cases in Salem and 23 new cases and 1 new hospitalization in Botetourt County.
After reporting 148 new probable or confirmed coronavirus cases in Roanoke City yesterday, state health officials today are reporting 27 less cases in the Star City dropping their overall case count to 7,537. The VDH is reporting 45 new cases in Roanoke County , 23 new cases in Botetourt County, and 9 new cases in Salem. There are also 5 new hospitalizations being attributed to the Roanoke Valley, with 4 being attributed to Roanoke City and 1 being reported in Salem.
After back-to-back days of attributing less than 100 new coronavirus cases to the Roanoke Valley, this morning state health officials are reporting 148 new probable or confirmed coronavirus cases in Roanoke City alone, marking the locality’s largest single day spike in cases since the pandemic began. The VDH is also reporting 10 new hospitalizations in Roanoke City, which is the locality’s largest single day increase in hospitalizations since the pandemic began. According today’s numbers there are 7 new cases in Botetourt County. Since yesterday there are 10 less coronavirus cases in Salem; and three less deaths, seven less hospitalizations, and 83 less cases in Roanoke County.
For the second time this week state health officials are reporting less than 100 new coronavirus cases in the Roanoke Valley.According to the latest numbers released this morning by VDH there are 52 new confirmed or probable coronavirus cases. 20 new cases and 1 new hospitalization in Roanoke City, 21 new cases and 1 new hospitalization in Roanoke County, 3 new cases in Salem, and 8 new cases in Botetourt County.
Once again state health officials are reporting less than 100 new coronavirus cases in the Roanoke Valley.According to the latest numbers released this morning by VDH there are 37 new confirmed or probable coronavirus cases. 15 new cases in Roanoke County, 14 new cases in Roanoke City, 3 new cases in Salem, and 5 in Botetourt County. No new hospitalizations or deaths are being attributed to the Roanoke Valley.
For the third consecutive day state health officials are reporting less than 100 new coronavirus cases in the Roanoke Valley.According to the latest numbers released this morning by VDH there are 90 new confirmed or probable coronavirus cases, 3 new hospitalizations, and 1 new death being reported in our region. 63 new cases, 2 new hospitalizations, and 1 new death in Roanoke City, 11 new cases and 1 new hospitalization in Salem, and 16 new cases in Botetourt County. State health officials are also reporting 13 less cases in Roanoke County, and 1 less death in Botetourt County since the last reporting period.
According to the latest numbers released this morning by the Virginia Department of Health there are 72 new confirmed or probable coronavirus cases, 4 new hospitalizations, and 2 new deaths being reported in the Roanoke Valley. 51 new cases, 4 new hospitalizations, and 2 new deaths in Roanoke County, 12 new cases in Salem, and 9 new cases in Botetourt County. State health officials are also reporting 6 less cases, 1 less hospitalization, and 2 less deaths in Roanoke City, and 1 less hospitalization in Salem.This is the second straight day less than 100 new cases have been reported in the Roanoke Valley.