The Virginia Appellate Lawyer’s Court of Appeals of Virginia Blog

Today’s only published opinion from the Court of Appeals, Jason Laufetette Brooks v. Commonwealth of Virginia, comes to the Court from Loudoun County, a once bucolic rural locale which has seen explosive growth as the denizens of the crowded DC suburbs have sought open spaces and (comparatively) affordable housing.  Along with that suburban growth, alas, comes the concomitant increase in suburban crimes. While I mostly view automobiles as basic transportation, I am aware that

This week, the Court of Appeals issued two published opinions, one which covered old ground about the liability of a member of a mob for the felonious act of another, and one in which the Court waded only about ankle-deep into one of the most controversial quagmires of the day – requiring bail for pre-trial release. Let’s start with the less controversial of the two opinions, shall we?  Anthony Brian Barnett v. Commonwealth of Virginia involves a jury trial in which Barnett w

When the website launched back in January, I was advised that I needed a “Facebook” page to associate with my practice.  As I already had a personal page, I was told that it was easy to make a business page.  I made a mental note to get around to looking up the process.  Today, I finally got that “round tuit” and it turns out that is is fairly easy to set up a Facebook Page for a business.  Having done so, it magically added posts for some of the older Virginia Appellate Lawy

When people talk about the “trial of the century” – the acquittal of Orenthal James Simpson of the murders of Nicole Simpson and Ronald Goldman, eventually the topic will turn to the subsequent civil trial in which O.J. was found to be responsible for Goldman’s death.  How, someone will ask, can the results of both trials be correct?  The answer, of course, is that criminal and civil trials have different standards of proof – beyond a reasonable doubt vs. a mere preponderance

When I started this “Blawg” I indicated that I would leave the analysis of Supreme Court of Virginia Opinions to my friend Steve Emmert, and I have mostly done so.  I did say, however, that I would occasionally comment on cases of particular interest or import, and I think today’s decision in City of Charlottesville v. Payne, the litigation over Charlottesville’s decision to remove statues from and rename parks dedicated to Generals Lee and Jackson is just such an occasion. 

Yesterday, the Court of Appeals issued its first published opinion in three weeks.  Today, Governor Northam signed into law Senate Bill 1261, the legislation that will expand the jurisdiction of the Court of Appeals and make all appeals to the Court by right (rather than by petition for criminal cases) as well as add six new judges to the Court.  While that very frightening prospect is in the distant future (January 1, 2022), let us turn our attention to the more present (if