04 March 2023

OMG! A Brave New World (or At Least Judge)

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 interpreting Virginia statutes. If he'd added precedent from California it would have been per se grounds for immediate reversal by the Virginia Supreme Court.

Wallace v. Commonwealth, FEB23, VaApp no. 1040-21-1: If someone purposefully deposits a fraudulent check at an ATM she has the right to use, it's not computer fraud unless the Commonwealth proves she was acting in violation of the terms of her contract with the bank.

Judge Ortiz, IMHO your reasoning stood on its own. There was no reason to detract from it with those citations. Good luck in some of your future endeavors (the ones that don't stand in opposition to my personal biases, beliefs, and proclivities).