13 October 2008

From the Virginia Court of Appeals

Singleton v. Commonwealth: An attorney who sends a letter to court saying he will not be able to come and tells his client not to come to court is in contempt, even if the Commonwealth Attorney has agreed to a continuance. Continuances must be granted by the trial court.

comment: This is in reaction to is the increasing use of what, at best, is an emergency procedure as a regular way to gain a continuance rather than asking for a continuance in person prior to or on the court date.

Bowden v. Commonwealth: Under Virginia law, aggravated sexual battery is not a lesser included offense of forcible sodomy. The only element they have in common is that both apply to a victim under 13 years of age.

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