Virginia Case Commentaries

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

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

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

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

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

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...

Welsh v. Commonwealth: Expert Methodology Critique, Rule 2:702, and Harmless Error in Forensic Firearms Testimony

Date: Mar 21, 2025

Welsh v. Commonwealth (Va. 2025): Expert Methodology Critique, Rule 2:702, and Harmless Error in Forensic Firearms Testimony I. Introduction The Supreme Court of Virginia’s decision in Welsh v....

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

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...

Clarifying Appellate Deference and Sufficiency of Evidence: A New Standard in Evaluating Circumstantial Cases

Date: Feb 19, 2025

Clarifying Appellate Deference and Sufficiency of Evidence: A New Standard in Evaluating Circumstantial Cases Introduction In the case of Sh'Kise Fazion Cappe v. Commonwealth of Virginia, the Supreme...

Reaffirming the Standards for Withdrawal of Guilty Pleas: Commonwealth v. Holland

Date: Jan 23, 2025

Reaffirming the Standards for Withdrawal of Guilty Pleas: Commonwealth v. Holland Introduction Commonwealth of Virginia v. Tanya Rashae Holland is a pivotal case adjudicated by the Supreme Court of...

Reaffirming Strickland Standards in Effective Assistance of Counsel: Cridler-Smith v. Clarke

Date: Jan 23, 2025

Reaffirming Strickland Standards in Effective Assistance of Counsel: Cridler-Smith v. Clarke Introduction The Supreme Court of Virginia, in the case of John Cridler-Smith v. Harold Clarke, Director...

Reaffirming the Sufficiency of Circumstantial Evidence in Negligence Claims: Al-Saray v. Furr

Date: Jan 23, 2025

Reaffirming the Sufficiency of Circumstantial Evidence in Negligence Claims: Al-Saray v. Furr Introduction In Al-Saray v. Furr, the Supreme Court of Virginia addressed critical issues surrounding the...

Affirmation of Plaintiff's Right to Uncorroborated Testimony Under the Dead Man's Statute in Medical Malpractice

Date: Jan 3, 2025

Affirmation of Plaintiff's Right to Uncorroborated Testimony Under the Dead Man's Statute in Medical Malpractice Introduction In the landmark case of Bon Secours-DePaul Medical Center, Inc., T/A...

Clarifying the Admissibility of Body-Worn Camera Footage Under the Confrontation Clause

Date: Dec 23, 2024

Clarifying the Admissibility of Body-Worn Camera Footage Under the Confrontation Clause Introduction In the landmark case Tara Ann Baez v. Commonwealth of Virginia, adjudicated by the Supreme Court...

Supreme Court of Virginia Upholds Fugitive Disentitlement Doctrine in Josephson Case

Date: Dec 18, 2024

Supreme Court of Virginia Upholds Fugitive Disentitlement Doctrine in Josephson Case Introduction The case of Junior Josephson v. Commonwealth of Virginia presents a significant affirmation of the...

Reaffirming Preservation Requirements in Collateral Impeachment: Commonwealth of Virginia v. Patrick Austin Carolino

Date: Dec 18, 2024

Reaffirming Preservation Requirements in Collateral Impeachment: Commonwealth of Virginia v. Patrick Austin Carolino Introduction The case of Commonwealth of Virginia v. Patrick Austin Carolino...

Supreme Court of Virginia Establishes Prospective Application of Statutory Amendments in Sentencing Revocations

Date: Nov 28, 2024

Supreme Court of Virginia Establishes Prospective Application of Statutory Amendments in Sentencing Revocations Introduction The case of Stanley Edward Johnson-Bey versus the Commonwealth of Virginia...

Supreme Court of Virginia Dismisses Appeal in Rebh v. County Board of Arlington County: Reinforcing Judicial Restraint and Precedent Limitations

Date: Nov 28, 2024

Supreme Court of Virginia Dismisses Appeal in Rebh v. County Board of Arlington County: Reinforcing Judicial Restraint and Precedent Limitations Introduction The Supreme Court of Virginia recently...

Enhanced Admissibility of Child Victim Statements Under Code §19.2-268.3: The DILLIRAJ Bista v. Commonwealth OF VIRGINIA Decision

Date: Nov 19, 2024

Enhanced Admissibility of Child Victim Statements Under Code §19.2-268.3: The DILLIRAJ Bista v. Commonwealth OF VIRGINIA Decision Introduction The case of DILLIRAJ Bista v. Commonwealth OF VIRGINIA...