Virginia Case Commentaries

Conditional (Not Total) Internet Restrictions as Probation Terms Survive First Amendment Scrutiny; Packingham Distinguished for Supervised Offenders

Date: Sep 4, 2026

Conditional (Not Total) Internet Restrictions as Probation Terms Survive First Amendment Scrutiny; Packingham Distinguished for Supervised Offenders I. Introduction In Commonwealth v. Kuykendall (Va....

Rule 3:25(b) Requires Pleading the Fee Basis: Notice, Incorporation by Reference, or Attachment Is Not Enough

Date: Aug 1, 2026

Rule 3:25(b) Requires Pleading the Fee Basis: Notice, Incorporation by Reference, or Attachment Is Not Enough Case: Pinnacle Flooring Solutions, LLC v. Premier Homes Group, LLC Court: Supreme Court...

Leiser v. Virginia State Bar: RPC 8.2 Is Constitutional and Reaches False/Reckless Integrity Attacks on Any Judicial Officer (Including the Judiciary as a Whole)

Date: Jul 25, 2026

Leiser v. Virginia State Bar: RPC 8.2 Is Constitutional and Reaches False/Reckless Integrity Attacks on Any Judicial Officer (Including the Judiciary as a Whole) 1. Introduction In Leiser v. Virginia...

Blight Abatement as a Governmental Function: Dual-Purpose Motives and Procedural Missteps Do Not Defeat Municipal Sovereign Immunity (Non-Takings Claims)

Date: Jul 18, 2026

Blight Abatement as a Governmental Function: Dual-Purpose Motives and Procedural Missteps Do Not Defeat Municipal Sovereign Immunity (Non-Takings Claims) Introduction In City of Hopewell v. Shree...

Commonwealth v. Mahoney: Appellate Courts May Not Invent Hypotheses of Innocence or Reweigh Circumstantial Evidence in Principal-in-the-Second-Degree Cases

Date: Jun 12, 2026

Commonwealth v. Mahoney: Appellate Courts May Not Invent Hypotheses of Innocence or Reweigh Circumstantial Evidence in Principal-in-the-Second-Degree Cases 1. Introduction In Commonwealth v. Mahoney...

Commonwealth v. Antle Commentary

Date: Jun 6, 2026

Penalty Statutes Do Not Expand Substantive Wildlife Crimes; Conspiracy Indictments Fail When They Include Non-Criminal “Purchase” Objects (Commonwealth v. Antle) Introduction In Commonwealth v. Antle...

Wessel v. Virginia State Bar — Deception About Trial Intent, Mandatory Withdrawal After Discharge, and the Non-Delegable Duty to Promptly Disburse Undisputed Settlement Funds

Date: Jun 6, 2026

Wessel v. Virginia State Bar — Deception About Trial Intent, Mandatory Withdrawal After Discharge, and the Non-Delegable Duty to Promptly Disburse Undisputed Settlement Funds Court: Supreme Court of...

Summary Judgment First: Ecclesiastical Abstention Cannot Dispose of Church-Property Cases Where Membership Is a Material Fact in Dispute

Date: Jun 6, 2026

Summary Judgment First: Ecclesiastical Abstention Cannot Dispose of Church-Property Cases Where Membership Is a Material Fact in Dispute Case: Shalom Presbyterian Church of Washington v. Atlantic...

Virginia Mineral Lands Taxation: A Code § 58.1-3712 License Tax Does Not Displace Code § 58.1-3286(1) Assessment of Lands “Improved and Under Development” (Including Gas Reserves)

Date: May 23, 2026

Virginia Mineral Lands Taxation: A Code § 58.1-3712 License Tax Does Not Displace Code § 58.1-3286(1) Assessment of Lands “Improved and Under Development” (Including Gas Reserves) I. Introduction In...

“General Election” in Article XII, Section 1 Includes Early Voting; Late First Passage Voids a Constitutional-Amendment Referendum

Date: May 11, 2026

“General Election” in Article XII, Section 1 Includes Early Voting; Late First Passage Voids a Constitutional-Amendment Referendum Case: Scott v. McDougle (Supreme Court of Virginia, May 8, 2026) |...

Fees-on-Fees Are Not Automatic: Trial Courts May Deny Post-Settlement Fee-Litigation Time as Unreasonable Under Fee-Shifting Statutes

Date: Apr 24, 2026

Fees-on-Fees Are Not Automatic: Trial Courts May Deny Post-Settlement Fee-Litigation Time as Unreasonable Under Fee-Shifting Statutes 1. Introduction Butcher v. General R.V. Center, Inc. (Va. Apr....

Edwards Is Not a Permanent Taint: Post-Invocation Statements Are Admissible After Interrogation Ends, the Suspect Reinitiates, and a Knowing Waiver Follows

Date: Apr 24, 2026

Edwards Is Not a Permanent Taint: Post-Invocation Statements Are Admissible After Interrogation Ends, the Suspect Reinitiates, and a Knowing Waiver Follows I. Introduction Commonwealth v. Fayne...

Commonwealth v. Richerson — Totality-of-the-Evidence Controls DUI Sufficiency; Appellate Courts May Not Reweigh Body-Cam “Inconsistencies” or Invent Innocent Hypotheses

Date: Apr 24, 2026

Commonwealth v. Richerson: Totality-of-the-Evidence Controls DUI Sufficiency; Appellate Courts May Not Reweigh Body-Cam “Inconsistencies” or Invent Innocent Hypotheses 1. Introduction In Commonwealth...

Near-Fatal Overdose as “Physical Illness or Other Cause” Rendering an Adult “Vulnerable” Under Code § 18.2-369(C)

Date: Apr 24, 2026

Near-Fatal Overdose as “Physical Illness or Other Cause” Rendering an Adult “Vulnerable” Under Code § 18.2-369(C) 1. Introduction In Fergeson v. Commonwealth (ORDER) (Va. Apr. 23, 2026), the Supreme...

Code § 19.2-56(B) Applies as a Unified “Place of Abode” Rule: Copy-of-Warrant/Affidavit Duty Does Not Extend to Commercial Searches

Date: Apr 20, 2026

Code § 19.2-56(B) Applies as a Unified “Place of Abode” Rule: Copy-of-Warrant/Affidavit Duty Does Not Extend to Commercial Searches 1. Introduction Case: Blow v. Commonwealth (Supreme Court of...

Traffic-Stop “Mission” Includes Scene Control When Driver Cannot Lawfully Depart: Brief Drug/Weapon Questions Do Not Prolong the Stop

Date: Apr 20, 2026

Traffic-Stop “Mission” Includes Scene Control When Driver Cannot Lawfully Depart: Brief Drug/Weapon Questions Do Not Prolong the Stop Introduction In Commonwealth v. Knight-Walker (Va. Apr. 16,...

Market-Familiar Drug Dealer Inference: Knowledge of Fentanyl in a Heroin/Fentanyl Mixture & Limits of the “Reasonable Hypothesis of Innocence”

Date: Apr 20, 2026

Market-Familiar Drug Dealer Inference: Knowledge of Fentanyl in a Heroin/Fentanyl Mixture & Limits of the “Reasonable Hypothesis of Innocence” I. Introduction In Cuffee v. Commonwealth (Supreme Court...

Defined-Width Easements Governed by Purpose-and-Reasonableness (Not Automatic “Clear the Full Width”) Rule

Date: Apr 16, 2026

Defined-Width Easements Governed by Purpose-and-Reasonableness (Not Automatic “Clear the Full Width”) Rule Thibault Enterprises, LLC v. Yost (Supreme Court of Virginia, Apr. 9, 2026) — Opinion by...

Stevens v. Jurnigan: Appellate Deference to Circuit Court Factfinding on Evidentiary Pleas in Bar

Date: Apr 10, 2026

Stevens v. Jurnigan: Appellate Deference to Circuit Court Factfinding on Evidentiary Pleas in Bar I. Introduction Case: Stevens v. Jurnigan (Supreme Court of Virginia, Apr. 9, 2026). Parties:...

Nonmandatory Child-Abuse Reporters Receive § 63.2-1512 Immunity Only for Complaints Made “Pursuant to” § 63.2-1510 (Not to Law Enforcement Alone)

Date: Apr 4, 2026

Nonmandatory Child-Abuse Reporters Receive § 63.2-1512 Immunity Only for Complaints Made “Pursuant to” § 63.2-1510 (Not to Law Enforcement Alone) Introduction In Cupp v. Delta Air Lines, Inc....