Hawthorne v. VanMarter (Virginia 2010)

Summary

The Supreme Court of Virginia dismissed the Hawthorne Estate's pro se appeal and affirmed the circuit court's judgment for Officer VanMarter on the separate appeal filed by Guthrie. The Court held that estate administrators cannot file appeals pro se, that the circuit court did not abuse its discretion in its sovereign‑immunity ruling, venue transfer, juror seating, or jury instructions, and that the lower court's decisions were proper.

Holding

Whether estate administrators may file an appeal in a pro se capacity under Virginia law. No, administrators of an estate may not file an appeal pro se because they act only as representatives of the beneficiaries and the Kone holding is controlling

Whether the circuit court abused its discretion in refusing to reopen its sovereign‑immunity ruling and whether the plaintiff waived his right to a jury determination of the factual issue. The circuit court did not abuse its discretion and the plaintiff waived his right to a jury determination of the factual issue underlying the plea in bar

Whether the circuit court abused its discretion in transferring venue to Roanoke County. The circuit court did not abuse its discretion; VanMarter resided in Roanoke County and did not conduct substantial business activity in the City

Whether the circuit court erred in refusing to strike five jurors for cause and in refusing individual voir dire. The circuit court did not err; the jurors were able to serve impartially and the court’s discretion to limit voir dire was not manifest error

Whether the circuit court erred in allowing jury instructions 3 and 11 and rejecting the proposed instruction C. The circuit court did not err; the combined instructions accurately stated the law and the omission of a forfeiture rule was not required

Summary

Holding

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