The Supreme Court of Virginia taught appellate practitioners yet another hard lesson in how procedural pitfalls can scuttle otherwise compelling appeals. In Eckard v. Commonwealth, the pitfall was failing to get the complete...more
Evans v. Evans has rightly received attention for its helpful discussion of when notice by publication is permitted. Less prominently featured, but as important for appellate practitioners, is the Supreme Court’s discussion...more
The Supreme Court of Virginia put on a little tutorial last week on the subject of “necessary parties” to a lawsuit. It’s a smart lesson and a useful reminder that when we try a case, we have to be careful to remember to...more
On March 16, 2020, the Supreme Court entered the first of numerous orders declaring a judicial emergency as a result of the COVID-19 pandemic. The statutory authority that permits the Court to declare an emergency requires...more
Generally speaking, Virginia criminal defendants who want to challenge their convictions have only a few options. None of them are very good. They have 30 days from the date of their conviction to appeal to the Virginia Court...more
Last week, in Sere v. Trapeni, the Virginia Supreme Court handed down a very interesting opinion in a legal malpractice appeal. The Court provided important guidance on when a court’s previous rulings can affect new cases and...more
Tina Marie Bryant took a gun from Maryland and drove to Harrisonburg intending to kill herself there. The Rockingham County Sheriff’s Department went to the hotel where Ms. Bryant was staying and, from outside her locked...more
The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more
The Virginia Supreme Court issued two opinions in September affecting local government law. Its work resulted in opinions addressing legislative privilege from document requests, and applying a local government tax exemption...more