05 January 2025
When You're the Supreme Court It's Their Error
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So, I'm looking up how to prove knowledge that drugs in possession are controlled substances and I remember the Virginia Supreme Court ...
07 August 2024
How the Appellate Court Tells the Legislature that It Did Something Dumb
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The highlight of this week's new opinions from the Virginia Court of Appeals is Barrow v. Commonwealth , AUG24, VaApp no. 0769-23-1. In...
14 July 2024
Farm Use License Plates
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Farm use tags were an idea born out of good intentions. A farmer could use a vehicle dedicated to his farm to transport things along a road...
02 May 2024
Driver's License for Foreign Citizens
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Does a citizen of another country need to have a Virginia License? Under § 46.2-308 , a new resident of Virginia has a six (6) month window ...
09 March 2024
Favorite Quote of the Year (So Far)
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"Rule 1:1 does not require incantation; it requires specificity." Rule 1.1 of the Supreme Court of Virginia is that the Final Or...
21 November 2023
Distinction Without a Difference
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I'm breaking down the published cases in Virginia from March thru now ( I do this every year ) and I ran across Tomlin v. Commonwealth...
14 October 2023
Frivolous Return Unit
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Trying to catch up on cases I haven't read yet and ran across U.S. v. Reed which is your (sadly) fairly typical case where some yahoo fi...
12 September 2023
In Virginia You Can Be Punished Twice for Exactly the Same Crime
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. . . but only if the General Assembly says so. The Virginian Courts Appellate have been rather clear on this: When considering multiple p...
19 August 2023
The Scrivener Scribbles
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So, I am writing a petition for an appeal (yes, prosecutors in Virginia still have to petition for an appeal) and I'm reading thru a ra...
01 August 2023
Contempt in a Virginia Criminal Court
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For a fairly simple concept (play stupid games win stupid prizes), contempt of court has been subject to all sorts of legislation and cas...
06 April 2023
Case Law Presentation March '23
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My highlights of the last year's criminal law cases out of Virginia (year ending 01 March 2023). The entire breakdown of the law can be ...
04 March 2023
OMG! A Brave New World (or At Least Judge)
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I just saw something I never thought I'd see: a Court of Appeals judge in Virginia quoting New York and Oregon law as persuasive in inte...
26 February 2023
Looking over Virginia Prosecutors Hiring : Better Get in Shape
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I was looking at CLE's and the next button over was available positions, so I meandered over to have a look. Lots of offices are hiring...
25 February 2023
Punting: Artis v. Commonwealth
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I am breaking down last month's cases from the Courts Appellate Virginian and I trip over Artis v. Commonwealth , JAN23, VaApp no. 1407-...
15 February 2023
"Lustful Disposition" : Allowing Unadjudicated Acts in Child Sexual Abuse Cases
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A lecturer at the CLE I'm currently attending asked whether Virginia has the "lustful disposition" evidence rule allowing unad...
13 November 2022
$25,000? Where'd that come from?
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I'm reading an opinion in which the Virginia Supreme Court granted a Writ of Actual Innocence in a child molestation case. One of the vi...
11 October 2022
Motion for 19.2-271.6 to be Limited to Sentencing
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Admittedly, I'd rework this some - it was a bit of a rush job. I would at least add a paragraph or two about the rule of statutory inter...
How to Screw Up a Statute: Va. 19.2-271.6
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Every so often a law comes along that is so poorly written that it can't even be laughed off. Still, you know what they call a mistake m...
13 May 2022
The Actual Power of the Bar: Part Five
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1. Powers the Bar Claims 2. Actual Powers: The Primary Enabling Statute 3. Actual Powers: Article One 4. Actual Powers: Ar...
11 May 2022
The Actual Powers of the Bar: Part Four
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1. Powers the Bar Claims 2. Actual Powers: The Primary Enabling Statute 3. Actual Powers: Article One 4. Actual Powers: Arti...
18 April 2022
The Actual Powers of the Bar: Part Three
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1. Powers the Bar Claims 2. Actual Powers: The Primary Enabling Statute 3. Actual Powers: Article One 4. Actual Powers: Arti...
17 April 2022
The Actual Powers of the Bar: Part Two (B)
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1. Powers the Bar Claims 2. Actual Powers: The Primary Enabling Statute 3. Actual Powers: Article One 4. Actual Powers: Arti...
11 April 2022
Confusing Circular and Definitive
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Over at PrawfsBlawg, Gerard Magliocca isn't allowing comment on his dubious claim that " plain meaning arguments are largely circ...
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