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The Court of Appeals released three published opinions Tuesday. As I am hunkered down in the Virginia Appellate Lawyer Social Media Bunker working on a petition to the Supreme Court of Virginia, it may take a while to post summaries and analyses of all four, but I...
Overview of the October 2020 Term: A Year of Transition The Supreme Court began hearing cases for the term on October 5, 2020. The court’s yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. This term, the...
Kelly Lamont Poole v. Commonwealth of Virginia involves a conviction under Code § 18.2-61(A), Virginia's non-consensual rape statute (as opposed to "status-based rape" commonly referred to as "statutory rape"). Since 2006, Code § 18.2-61(A) has clearly stated that it...
Circumstances at the Virginia Appellate Lawyer Social Media Bunker permit to address the single published opinion of the Court of Appeals of Virginia in a more timely fashion than last week or week before. Jai A. King v. Commonwealth of Virginia poses the interesting...
I freely admit that this post is overdue. The last several weeks have seen some frenetic activity in the Virginia Appellate Lawyer Social Media Bunker, but none of it was related to coverage of the most recent published opinions of the Virginia Court of Appeals, so...
The Court of Appeals released three published opinions and five unpublished opinions today. If one didn’t know better, you might suspect the Court was clearing the decks before the summer hiatus (Editor’s note: One does know better and that is exactly what the Court...
Blake Andrew Mitchell, Jr. v. Commonwealth of Virginia is a published opinion from the Court of Appeals from a case previously refused an appeal, but which was remanded following an appeal to the Supreme Court in the rare instance of a "GVR" order. A GVR, if you are...
Time for another mini-rant. A client of mine has been out of work through most of the pandemic and has struggled to get government assistance, as the rules for getting and maintaining unemployment were constantly shifting. She has a good work history as both a FOH...
Just a short observation: If I was as obsessive about proofreading these posts as I am about correcting them when I am reading them after I post them, there would be a lot fewer errors to correct.
The saying "half a loaf is better than none" sometimes applies in the law, but it depends on which half of the loaf you get. Yesterday I, along with co-counsel, had a court appearance on behalf of a client who was opposing a request for an injunction that was based...