Court hears arguments in Howard versus Harris case on illegal possession and negligence

The Virginia Supreme Court convened on February 1, 2025, to hear the case of Harris, et al. v. Howard, focusing on critical legal questions surrounding the actions of Mr. Howard and the implications of his alleged illegal conduct. The session featured arguments from various legal representatives, including John O'Hara and Peter Askin, who represented Sheriff Harris and Deputy Setlock.

The primary issue discussed was the legality of Mr. Howard's actions, specifically whether he committed an illegal act under the felon in possession statute. O'Hara emphasized that the Court of Appeals made a significant error by suggesting that Mr. Howard could present evidence of his mental state to argue against having the requisite intent, or mens rea, for violating the law. He pointed out that Mr. Howard had already conceded to committing an illegal act, stating during previous hearings that he intentionally shot himself, which confirms his violation of the statute.

O'Hara argued that this concession should be sufficient grounds for the Supreme Court to reverse the Court of Appeals' decision. He noted that the case pivots on the understanding of illegality and gross negligence, asserting that the facts presented clearly indicate Mr. Howard's acknowledgment of his illegal actions.

The discussions also included contributions from Graham K. Bryant, representing the Virginia Bridal Lawyers Association, who was expected to address the broader implications of criminal law in this civil context. The court proceedings highlighted the complexities of legal interpretations and the significance of mental state in determining culpability.

As the case progresses, the Supreme Court's decision will have important ramifications for how similar cases are handled in the future, particularly regarding the intersection of mental health and criminal liability. The court's ruling is anticipated to clarify the standards for establishing intent in cases involving illegal acts.