The Court of Appeals released two published opinions, including an en banc opinion addressing the application of the COVID tolling orders. In addition, there was an unpublished opinion that is worth of a mention, so let's start there. Bradford T. Cellucci v....
The Court of Appeals handed down three published decision this week, all in criminal cases. Let's start with an unusual topic -- an appeal limited to a restitution order. Kenny James Slusser v. Commonwealth of Virginia involves a conviction for destruction of...
The Court of Appeals will hear oral argument for the first time in an appeal filed after the expansion of the Court's jurisdiction on January 1, 2022. On Tuesday, June 28, 2020, a panel sitting in Norfolk will hear argument in Yo v. Commonwealth, 0035-22. Yo, it's...
Well, gang, I followed the well worn wagon tracks up 81 and across 64 to Richmond for my first in-person argument before the Court of Appeals in the Capital City (after prior appearances there before a Supreme Court writ panel and in Salem before a panel of the...
A very busy work schedule (not sure when the “semi” part of semi-retired will kick back in) has kept your correspondent from updating this space for a few weeks. Here is what’s happened while I’ve been occupied. Decisions announced April 12, 2022 Tate Morris v. George...
I remember the invasion of Grenada being described as "knocking over a fruit stand with an aircraft carrier." Well, today I had my first legitimate appellate court win since going into private practice. I cannot say I feel much elation however, because this was a...
I am pleased to report that my one-time Supreme Court of Virginia Law Clerk colleague John O'Herron has started his own Virginia Appellate Blawg called Richmond Appeals. I feel certain that his insights into the appellate process will be fair more helpful and...
Today the Supreme Court of Virginia held its first in-person writ panel since in the COVID endemic era -- I believe that for the present this is the best that we can hope for. That is, recognizing that COVID will continue to be a concern, but not at the level of a...
The Court of Appeals returns with two published opinion on this Tuesday, which also happens to be the first day that the Supreme Court has returned to in-person arguments for writ panels -- which is why this post come to you from our fair Capitol City and not the Star...
The Court of Appeals issued a published decision by order last week, and as it was an original jurisdiction matter, which is somewhat outside the purview of this Blawg, I thought I would wait a week to see if there was something more in the way of a published...