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

The Court of Appeals released a single published opinion today, and its a real snoozer.  Frequent readers of these missives will recall that my preferred bedtime reading when I have insomnia is anything to do with Administrative Law.  Virginia Department of Corrections v. Richard Bishop should fit in nicely with my collection of sleep-inducing reads. Even the salacious nature of the underlying facts are so mundanely recounted that the mind tends to wander by page 2.  Succinct

The Court of Appeals released two published opinions, including an en banc opinion addressing the application of the COVID tolling orders.  In addition, there was an unpublished opinion that is worth of a mention, so let’s start there. Bradford T. Cellucci v. Commonwealth of Virginia is unusual in that it finds error in a trial court’s consideration of mitigating circumstances in imposing sentence.  The opinion begins with the observation that “[a] trial court’s decision to m

The Court of Appeals handed down three published decision this week, all in criminal cases.  Let’s start with an unusual topic — an appeal limited to a restitution order. Kenny James Slusser v. Commonwealth of Virginia involves a conviction for destruction of property.  Slusser torched a house he was renting and was charged with arson.  A plea deal reduced the charge to destruction of property.  Slusser entered an Alford plea and the order of conviction required him to pay re

The Court of Appeals will hear oral argument for the first time in an appeal filed after the expansion of the Court’s jurisdiction on January 1, 2022.  On Tuesday, June 28, 2020, a panel sitting in Norfolk will hear argument in Yo v. Commonwealth, 0035-22. Yo, it’s just “Yo” — like “Prince” and “Cher” — is presently being held under the Civil Commitment of Sexually Violent Predators Act and as both “Yo” and under his birth name of Mario Ballard is a frequent flyer in the Appe

Well, gang, I followed the well worn wagon tracks up 81 and across 64 to Richmond for my first in-person argument before the Court of Appeals in the Capital City (after prior appearances there before a Supreme Court writ panel and in Salem before a panel of the “middle court” two weeks ago).  The Court held sway in the Ninth Street Courtroom, I assume to allow for greater social distancing.  The then followed my path in reverse to return home to the Blue Ridge.  Before discus