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

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 wanted to start with a case that has two things to recommend it, the first being of particular interest to the Domestic Relations Bar and the second of interest to anyone who might be thinking of taking on more app

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 court heard all oral arguments in cases accepted for the term as well as several cases held over from the last term, remotely via teleconference and provided live audio streams of the argument sessions. The court

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 applies to non-consensual “sexual intercourse with a complaining witness, whether or not his or her spouse.”  If you know the history of common law rape, you know that it was not possible for a man to rape his w

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 question, “Can one “escape” from a detention that takes place in one’s own home while being electronically monitored by big brother the local constabulary.  As the headline has already give away the answer, I sha

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 my apologies.  On to the opinions. Over the last two weeks, the Court of Appeals issued four published opinions, and each has some aspect that should pique the interest of more than a few of you.  Here is a previe