Appeals Granted

Case

VIRGINIA BROADCASTING CORPORATION v. COMMONWEALTH OF VIRGINIA
(Record Number 122013)

From

The Circuit Court of the City of Charlottesville; E. Hogshire, Judge.

Counsel

Gregory S. Duncan for appellant.

William D. Chapman (Office of the Commonwealth's Attorney for the City of Charlottesville) for appellee.

Assignments of Error

1. The trial court erred by failing to apply a “good cause shown” standard, instead believing that it had unfettered discretion pursuant to Section 19.2-266 of the Code of Virginia to prohibit the use of a camera during the sentencing of Mr. George Huguely.
2. The trial court erred in denying Virginia Broadcasting’s request to use a camera to cover the sentencing of Mr. George Huguely because there was no “good cause shown” pursuant to Section 19.2-266 of the Code of Virginia since no evidence was presented in the record to support that finding.
3. The trial court erred in relying on its own speculation and the speculations of counsel for Mr. George Huguely and the Charlottesville Commonwealth’s Attorney in denying Virginia Broadcasting Corporation’s request for electronic media coverage of the sentencing of Mr. George Huguely.
4. The trial court erred in holding that Virginia Broadcasting Corporation’s newsgathering and reporting activities via electronic media were entitled to no protection under the First Amendment to the United States Constitution or the Constitution the Virginia, including its denial of Virginia Broadcasting’s request to use a camera to acquire the news while allowing the print media to use the primary tools of its trade.

Date Granted

  4-12-2013