There were two published opinions, but three published decisions from the Court of Appeals. Because the decision was that the Court has jurisdiction over the rehearing en banc in Lundmark v. Commonwealth, now to be known as Lundmark v. Henrico County, it is the...
Month: July 2022
Two Published Criminal Case Opinions — One With a Dissent
The Court of Appeals of Virginia released two published opinions this week, both from criminal cases. In Timothy James Suhay v. Commonwealth of Virginia, we get a unanimous decision from Judge Callins, joined by Judge Friedman and "Justice" Russell -- of course he...
Oral Argument the Way it Was Meant to Be
This is a long post which, as a true pedant, I naturally started with some history that is mostly irrelevant to the story (but darn interesting from my point of view) and ends with some grammatical trivia. If you want the short version, skip the next five paragraphs....
Introducing the Icarus Index
Readers of the Blawg of the Sage of Virginia Beach are familiar with the David-Goliath Index in which Steve Emmert reports of the win-loss record of the “little guy” (typically a criminal defendant or solo plaintiff in a contact or tort case) against the “big guy”...
Is there a Correlation Between Being an Appellate Procedure Geek and a Data Geek? Most Likely. Here’s A First Look at What the Numbers Say About the First Half of 2022 in the Court of Appeals
I am proud to say that in addition to being a “procedural geek,” I am also a “data geek.” I am fascinated by looking at statistics about anything – discovering hidden (and usually meaningless) patterns and trends. So when you combine appellate procedure and...
Court of Appeals Issues First Rule 5A:27(b) Opinion
An event of some note occurred on July 28, 2022, but it received little fanfare. Indeed, I am somewhat chagrined that I was not more vigilant in reporting the event as it was something that I have been anxiously awaiting. What was the momentous event? Nothing less...