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  • Commentaries
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Virginia Case Commentaries

Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025)

Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025)

Date: Sep 27, 2025
Summary Contempt Narrowed: Personal Observation Must Establish Voluntary Intoxication Beyond a Reasonable Doubt, and Findings Must Match the Record — Orndoff v. Commonwealth (Va. 2025) Introduction...
Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks (Commonwealth v. Hubbard)

Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks (Commonwealth v. Hubbard)

Date: Sep 12, 2025
Objective Reasonableness, Not Search Labels: Virginia High Court Upholds Limited Underwear Retrievals Incident to Arrest Based on Safety and Evidence-Destruction Risks Case: Commonwealth v. Hubbard,...
Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee”

Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee”

Date: Aug 5, 2025
Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee” 1. Introduction Swango v. Virginia State Bar,...

Balancing User Benefit and Investor Return:  The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation

Balancing User Benefit and Investor Return: The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation

Date: Jul 23, 2025
Balancing User Benefit and Investor Return: The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation Introduction In Toll Road...
Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts

Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts

Date: Jun 18, 2025
Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts 1. Introduction In Harris v. Joplin, Supreme Court of Virginia,...
Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold

Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold

Date: Jun 10, 2025
Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold Introduction In Commonwealth v. Kartozia, the Supreme Court of Virginia addressed whether a defendant...
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Date: May 30, 2025
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine Introduction Under Wild Skies, Inc. v. National Rifle Association of America, 304 Va. ___ (2025), presented to the Supreme Court...
Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton

Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton

Date: May 30, 2025
Harmless-Error Review for Post-Invocation Waivers in Commonwealth v. Paxton Introduction Commonwealth v. Paxton, decided May 29, 2025 by the Supreme Court of Virginia, addresses a core question in...
Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3

Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3

Date: May 23, 2025
Affirming Virginia’s Public Use Requirement: Invalidity of Private Takings Under Code § 56-16.3 Introduction In Norfolk Southern Railway Co. v. State Corporation Commission (Record No. 240869, Va....
Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident

Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident

Date: May 9, 2025
Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident Introduction This commentary examines the Supreme Court of...
Predominant Intent Requirement for Statutory No-Fault Separation Divorce

Predominant Intent Requirement for Statutory No-Fault Separation Divorce

Date: May 9, 2025
Predominant Intent Requirement for Statutory No-Fault Separation Divorce Introduction Lisann v. Lisann is a 2025 decision of the Supreme Court of Virginia resolving a novel question about the intent...
Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6

Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6

Date: Apr 18, 2025
Harmless Error Review for Excluding Mental Condition Evidence under Code §19.2-271.6 Introduction Shaw v. Commonwealth (Va. Supreme Court, April 17, 2025) addresses two intertwined issues: the...
Clarifying “Single Course of Conduct” and Permitting Separate Revocation Hearings Under Va. Code § 19.2-306.1

Clarifying “Single Course of Conduct” and Permitting Separate Revocation Hearings Under Va. Code § 19.2-306.1

Date: Apr 11, 2025
Clarifying “Single Course of Conduct” and Permitting Separate Revocation Hearings Under Va. Code § 19.2-306.1 Introduction Commonwealth v. Canales, decided April 10, 2025 by the Supreme Court of...
Probation Revocation and “Single Course of Conduct” Under Virginia Code § 19.2-306.1

Probation Revocation and “Single Course of Conduct” Under Virginia Code § 19.2-306.1

Date: Apr 11, 2025
Probation Revocation and “Single Course of Conduct” Under Virginia Code § 19.2-306.1 Introduction The Supreme Court of Virginia’s decision in Canales v. Commonwealth, 302 Va. ___ (2025), addresses...
Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause

Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause

Date: Apr 11, 2025
Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause Introduction Poulson v. Commonwealth, decided on April 10, 2025 by the Supreme Court of Virginia, addresses two intertwined...
Suspension of Standing Upon Bankruptcy Filing in Personal Injury Actions

Suspension of Standing Upon Bankruptcy Filing in Personal Injury Actions

Date: Apr 4, 2025
Suspension of Standing Upon Bankruptcy Filing in Personal Injury Actions Introduction This commentary examines the Supreme Court of Virginia’s decision in Eye Consultants of Northern Virginia P.C. v....
Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries

Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries

Date: Apr 4, 2025
Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries Introduction In Harris v. Howard, decided April 3, 2025 by the Supreme Court of Virginia, the Court...
Interpreting “Consider” Under VCEA: Discretion and Non-Mandatory Findings in CPCN Proceedings

Interpreting “Consider” Under VCEA: Discretion and Non-Mandatory Findings in CPCN Proceedings

Date: Mar 28, 2025
Interpreting “Consider” Under VCEA: Discretion and Non-Mandatory Findings in CPCN Proceedings Introduction In WVALDC v. State Corporation Commission, the Supreme Court of Virginia addressed the scope...
Waiver of Contradictory Legal Arguments in Employment Classification Cases: Lessons from Amazon Logistics v. Virginia Employment Commission

Waiver of Contradictory Legal Arguments in Employment Classification Cases: Lessons from Amazon Logistics v. Virginia Employment Commission

Date: Mar 11, 2025
Waiver of Contradictory Legal Arguments in Employment Classification Cases: Lessons from Amazon Logistics v. Virginia Employment Commission Introduction The case of Amazon Logistics, Inc. v. Virginia...
Constructive Possession Affirmed: The Role of Circumstantial Evidence in Controlled Substance Cases

Constructive Possession Affirmed: The Role of Circumstantial Evidence in Controlled Substance Cases

Date: Feb 25, 2025
Constructive Possession Affirmed: The Role of Circumstantial Evidence in Controlled Substance Cases Introduction In Commonwealth of Virginia v. Jerome Lee Wilkerson, the Supreme Court of Virginia...
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