Virginia Case Commentaries

Constructive Possession Requires Robust Circumstantial Evidence: Analysis of Cordon v. Commonwealth of Virginia

Date: Nov 5, 2010

Constructive Possession Requires Robust Circumstantial Evidence: Analysis of Cordon v. Commonwealth of Virginia Introduction Cordon v. Commonwealth of Virginia, 280 Va. 691 (2010), is a pivotal case...

Survival of Collateral Contractual Obligations and VCPA Protections in Condominium Purchases: Analysis of Abi-Najm v. Concord Condominium, LLC.

Date: Sep 17, 2010

Survival of Collateral Contractual Obligations and VCPA Protections in Condominium Purchases: Analysis of Abi-Najm v. Concord Condominium, LLC. Introduction The case of Phillip Abi-Najm, et al. v....

Strengthening Confrontation Rights: Virginia Supreme Court Upholds Confrontation Clause in Forensic Evidence

Date: Sep 17, 2010

Strengthening Confrontation Rights: Virginia Supreme Court Upholds Confrontation Clause in Forensic Evidence Introduction In the landmark case of Shelton A. Cypress v. Commonwealth of Virginia and...

Strict Compliance with Contractual Claims Procedures: Insights from TC MidAtlantic Development, Inc. v. Commonwealth of Virginia

Date: Jun 11, 2010

Strict Compliance with Contractual Claims Procedures: Insights from TC MidAtlantic Development, Inc. v. Commonwealth of Virginia Introduction The case of TC MidAtlantic Development, Inc. v....

Enhanced Due Process in Summary Contempt Proceedings: SCIALDONE v. COMMONWEALTH of Virginia

Date: Feb 26, 2010

Enhanced Due Process in Summary Contempt Proceedings: SCIALDONE v. COMMONWEALTH of Virginia Introduction SCIALDONE v. COMMONWEALTH of Virginia is a landmark case adjudicated by the Supreme Court of...

Supreme Court of Virginia Establishes Standards for Preserving Sentencing Arguments in Juvenile Cases Tried as Adults

Date: Jan 16, 2010

Supreme Court of Virginia Establishes Standards for Preserving Sentencing Arguments in Juvenile Cases Tried as Adults Introduction In BROWN v. COMMONWEALTH of Virginia, the Supreme Court of Virginia...

Affirmation of First-Degree Murder Conviction in Avent v. Commonwealth: Voluntariness, Batson Challenges, and Limitations on Self-Defense

Date: Jan 16, 2010

Affirmation of First-Degree Murder Conviction in Avent v. Commonwealth: Voluntariness, Batson Challenges, and Limitations on Self-Defense Introduction Cardell Lamont Avent v. Commonwealth of...

Criminal Accountability for Mob Membership and Gang Participation – Hamilton v. Commonwealth of Virginia

Date: Jan 16, 2010

Criminal Accountability for Mob Membership and Gang Participation Hamilton v. Commonwealth of Virginia (279 Va. 94) Supreme Court of Virginia, January 15, 2010 Introduction Hamilton v. Commonwealth...

Affirmation of Reasonable Suspicion Standards in Investigatory Stops: Whitaker v. Commonwealth of Virginia

Date: Jan 16, 2010

Affirmation of Reasonable Suspicion Standards in Investigatory Stops Whitaker v. Commonwealth of Virginia (687 S.E.2d 733) Introduction In Whitaker v. Commonwealth of Virginia, the Supreme Court of...

Affirmation of Intent Requirement in Criminal Contempt under Virginia Code § 18.2-456: Singleton and Zedd Cases

Date: Nov 6, 2009

Affirmation of Intent Requirement in Criminal Contempt under Virginia Code § 18.2-456: Singleton and Zedd Cases Introduction The Supreme Court of Virginia's decision in Kenneth L. SINGLETON v....

Competency to Stand Trial and the Exclusion of Insanity Defense: Insights from Grattan v. Commonwealth of Virginia

Date: Nov 6, 2009

Competency to Stand Trial and the Exclusion of Insanity Defense: Insights from Grattan v. Commonwealth of Virginia Introduction Grattan v. Commonwealth of Virginia (278 Va. 602, 2009) is a seminal...

Reaffirming Constructive Possession Standards for Felons: Smallwood v. Commonwealth of Virginia

Date: Nov 6, 2009

Reaffirming Constructive Possession Standards for Felons: Smallwood v. Commonwealth of Virginia Introduction In William S. Smallwood v. Commonwealth of Virginia, 278 Va. 625 (2009), the Supreme Court...

Common Law Duty of Care for Hosts of Minor Guests: Kellermann v. McDonough

Date: Nov 6, 2009

Common Law Duty of Care for Hosts of Minor Guests: Kellermann v. McDonough (Supreme Court of Virginia, 2009) Introduction Kellermann v. McDonough is a seminal case adjudicated by the Supreme Court of...

Final Judgment Effective Despite Subsequent Orders: Clarification on Notice of Appeal Timelines in Virginia

Date: Nov 6, 2009

Final Judgment Effective Despite Subsequent Orders: Clarification on Notice of Appeal Timelines in Virginia Introduction The case of Debra A. Hutchins, M.D., et al. v. Rita Talbert (278 Va. 650)...

Affirmation of Intent to Distribute Drug Possession Based on Circumstantial Evidence: Williams v. Commonwealth of Virginia

Date: Jun 5, 2009

Affirmation of Intent to Distribute Drug Possession Based on Circumstantial Evidence: Williams v. Commonwealth of Virginia Introduction Ricky C. Williams v. Commonwealth of Virginia, 278 Va. 190,...

Williams v. Joynes: Clarifying Superseding Cause in Legal Malpractice

Date: Jun 5, 2009

Williams v. Joynes: Clarifying Superseding Cause in Legal Malpractice Introduction In Williams v. Joynes, 278 Va. 57 (2009), the Supreme Court of Virginia addressed critical issues surrounding legal...

Legislative Intent and Double Jeopardy in Multiple Homicide Convictions: Analysis of Kelly D. PAYNE v. COMmonwealth of Virginia

Date: Apr 18, 2009

Legislative Intent and Double Jeopardy in Multiple Homicide Convictions: Analysis of Kelly D. PAYNE v. COMmonwealth of Virginia Introduction The case Kelly Dinelle PAYNE v. COMmonwealth of Virginia...

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Virginia Case Commentaries

Constructive Possession Requires Robust Circumstantial Evidence: Analysis of Cordon v. Commonwealth of Virginia

Survival of Collateral Contractual Obligations and VCPA Protections in Condominium Purchases: Analysis of Abi-Najm v. Concord Condominium, LLC.

Strengthening Confrontation Rights: Virginia Supreme Court Upholds Confrontation Clause in Forensic Evidence

Strict Compliance with Contractual Claims Procedures: Insights from TC MidAtlantic Development, Inc. v. Commonwealth of Virginia

Enhanced Due Process in Summary Contempt Proceedings: SCIALDONE v. COMMONWEALTH of Virginia

Supreme Court of Virginia Establishes Standards for Preserving Sentencing Arguments in Juvenile Cases Tried as Adults

Affirmation of First-Degree Murder Conviction in Avent v. Commonwealth: Voluntariness, Batson Challenges, and Limitations on Self-Defense

Criminal Accountability for Mob Membership and Gang Participation – Hamilton v. Commonwealth of Virginia

Affirmation of Reasonable Suspicion Standards in Investigatory Stops: Whitaker v. Commonwealth of Virginia

Affirmation of Intent Requirement in Criminal Contempt under Virginia Code § 18.2-456: Singleton and Zedd Cases

Competency to Stand Trial and the Exclusion of Insanity Defense: Insights from Grattan v. Commonwealth of Virginia

Reaffirming Constructive Possession Standards for Felons: Smallwood v. Commonwealth of Virginia

Common Law Duty of Care for Hosts of Minor Guests: Kellermann v. McDonough

Final Judgment Effective Despite Subsequent Orders: Clarification on Notice of Appeal Timelines in Virginia

Affirmation of Intent to Distribute Drug Possession Based on Circumstantial Evidence: Williams v. Commonwealth of Virginia

Williams v. Joynes: Clarifying Superseding Cause in Legal Malpractice

Legislative Intent and Double Jeopardy in Multiple Homicide Convictions: Analysis of Kelly D. PAYNE v. COMmonwealth of Virginia

Intentional Contact Under Protective Orders: Elliott v. Commonwealth of Virginia

Affirmation of Invited Error Doctrine in Lesser-Included Offenses: Rowe v. Commonwealth of Virginia

Alibi Instructions in Criminal Trials: Establishing Clear Guidelines