In re Morrissey

248 Va. 334 (1994)

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In re Morrissey

Virginia Supreme Court
248 Va. 334 (1994)

Facts

Robert William Molyneux III was charged with the abduction and rape of Debra Jean Nuckols. Over the course of the prosecution, which was led by prosecutor Joseph Dee Morrissey (defendant) Molyneux and Nuckols gave statements about the incident that contradicted their previous statements and other evidence in the case. Recognizing that these inconsistencies created problems for both the prosecution and the defense, Morrissey and James S. Yoffy, Molyneux’s attorney, began discussing a potential plea agreement. After several discussions, Morrissey agreed to lower the felony charges to a misdemeanor charge and to suspend Molyneaux’s sentence upon Molyneaux’s payment of court costs. Additionally, Molyneaux would pay $25,000 to Nuckols and $25,000 to charities selected by Morrissey. When Morrissey presented the plea agreement to the judge, however, Morrissey did not mention the payments. After the plea agreement was entered, the Virginia State Bar (plaintiff) charged Morrissey with violations of several disciplinary rules. The trial court found Morrissey guilty of some of these charges and ordered that Morrissey’s law license be suspended for six months. Morrissey appealed to the Virginia Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Whiting, J.)

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