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The Court of Appeals released three published opinions and five unpublished opinions today.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...
An attorney observing the virtual oral argument of the appeal of a case he had tried in the lower court was apparently not happy with the opposing side's argument and made a certain gesture, considered rude in many circles, to his computer's camera. When confronted...
I try to stay in my lane of summarizing and commenting on Virginia Court of Appeals' opinions, leaving the commentary on the Mighty Seven to my colleague Steve Emmert. But today's opinion in Galiotos v. Galiotos has such a gem of legal wisdom that I could not...
The Court of Appeals released just one published opinion this week. Rakim Malik Nottingham v. Commonwealth of Virginia involves two questions: First, whether the trial court erred in granting jury instruction, and second whether it erred in excluding a videotape of...
This is not so much a "Soap Box" as it is a reflection on the concept of "thinking like a lawyer." This evokes the phrase heard by every law student that in Law School "You teach yourself the law, we teach you how to think like a lawyer." In truth, "thinking like a...
I send a lot of emails. I don't mean that I personally send a lot to friends and family -- my output in that region is pretty slim as we stay in touch via phone and zoom and social media. I also don't mean that I send a lot of emails in my professional capacity...