Henry H. Whiting
Encyclopedia
Henry Hudson Whiting was a member of the Supreme Court of Virginia.

Life

One of eight children born to Lt. Col. Edgar Mason Whiting and Helen Hudson Whiting. His godfather was General George S. Patton
George S. Patton
George Smith Patton, Jr. was a United States Army officer best known for his leadership while commanding corps and armies as a general during World War II. He was also well known for his eccentricity and controversial outspokenness.Patton was commissioned in the U.S. Army after his graduation from...

, an old friend of Lt. Col. Whiting's from military days. After numerous moves due to his father's military postings, Whiting's family moved in 1934 to Winchester, Virginia
Winchester, Virginia
Winchester is an independent city located in the northwestern portion of the Commonwealth of Virginia in the USA. The city's population was 26,203 according to the 2010 Census...

, where he was based the remainder of his life. He graduated from John Handley High School
John Handley High School
John Handley High School is an endowed public high school located in the city of Winchester, Virginia. It was founded by a grant from Judge John Handley, hence the school mascot, the Judges. Construction on Handley High School started in 1922, and continues to the present day...

 and attended Virginia Polytechnic Institute for one year before enlisting in the US Army shortly after the outbreak of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

. He attended Officer Candidate School (OCS), was commissioned and initially served as a trainer at OCS in Ft. Knox, Kentucky. In late 1944 he deployed to Europe as a first lieutenant in charge of a reconnaissance platoon. He witnessed the end of the Battle of the Bulge
Battle of the Bulge
The Battle of the Bulge was a major German offensive , launched toward the end of World War II through the densely forested Ardennes mountain region of Wallonia in Belgium, hence its French name , and France and...

 after the tide had turned in favor of the Allies and also was present during the fight for the bridge at Remagen. During the waning days of the war, he also briefly served as an observer on the staff of General Patton. After VE Day, Whiting served with the Army of Occupation in Europe until May 1946. During this time, he acted as counsel defending minor courts-martial cases and there developed a strong, life-long interest in the law.

Upon his discharge, Whiting entered the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...

 and graduated from law school in 1949. He was editor of the Law Review, first in his class and was elected as a member of The Order of the Coif and the Raven Society
Raven Society
The Raven Society is the University of Virginia's oldest honorary society. Founded in 1904 by University student William McCully James, and named in honor of the famous poem by Edgar Allan Poe .According to its constitution, one of the Raven Society's main goals is "to bring together the best men...

. He returned to Winchester and entered into the practice of law with J. Sloan Kuykendall, longtime Secretary of the Virginia Board of Law Examiners. They were joined later by Lewis Costello and the firm, Kuykendall, Whiting and Costello became the largest law firm in Winchester. Eventually the firm opened a branch office in Leesburg, Virginia
Leesburg, Virginia
Leesburg is a historic town in, and county seat of, Loudoun County, Virginia, United States of America. Leesburg is located west-northwest of Washington, D.C. along the base of the Catoctin Mountain and adjacent to the Potomac River. Its population according the 2010 Census is 42,616...

.

Whiting married Helen Patricia Stephenson (1928–1980) of Winchester, Virginia
Winchester, Virginia
Winchester is an independent city located in the northwestern portion of the Commonwealth of Virginia in the USA. The city's population was 26,203 according to the 2010 Census...

 in 1953; they divorced in 1971. They had two children, Brian and John. He attended the First Presbyterian Church, where he taught adult and teen Sunday School classes for a number of years. After 31 years in private legal practice, Whiting was appointed in 1980 to the 26th Judicial Circuit of Virginia by Gov. John N. Dalton
John N. Dalton
John Nichols Dalton was the 63rd Governor of the U.S. state of Virginia from 1978 to 1982. Born in Emporia, Virginia, Dalton also served in both houses of the General Assembly and as Lieutenant Governor. He graduated from the College of William and Mary in Williamsburg, Virginia, and the...

. Whiting was later elected by the General Assembly to serve on the Supreme Court of Virginia
Supreme Court of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...

 in 1987 following the retirement of Justice George M. Cochran
George M. Cochran
George Moffett Cochran was born in Staunton, Virginia on April 20, 1912. He received his Bachelor of Arts degree in 1934 from the University of Virginia, and his LL. B. degree in 1936 from the University of Virginia Law School. He was a member of the Virginia House of Delegates from 1948 to 1965,...

. He was the first member of the Supreme Court of Virginia
Supreme Court of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears appeals from the trial-level city and county Circuit Courts, as well as the criminal law, family law and administrative law cases that go through the Court of Appeals of Virginia. It is one of...

 from the Winchester-Frederick County area in over 100 years. A major ruling unanimously handed down by the Virginia Supreme Court during Whiting's tenure was Timothy W. Spencer v Commonwealth[1], which was the first state supreme court ruling on the admissibility of DNA profiling. The Court's ruling on the admissibility of DNA evidence was later upheld at the federal appeals level and by the US Supreme Court.

Whiting served on the Court until he stepped down to Senior (semi-retired) status in 1995. Justice Whiting continued to serve the Court as a Senior Justice until 2002. During his tenure, Justice Whiting authored 235 opinions for the Court. To honor his service, the Supreme Court of Virginia convened a special session in Winchester, its first ever there, on July 17, 2002[2]. On January 30, 2009, his portrait was presented to the Frederick-Winchester Judicial Center in a special ceremony sponsored by the Frederick Winchester Bar Association.
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