Virginia Case Commentaries

Return of Service as Administrative, Not Testimonial: Understanding Logan v. Commonwealth of Virginia

Date: May 28, 2021

Return of Service as Administrative, Not Testimonial: Understanding Logan v. Commonwealth of Virginia Introduction Quartrez Logan, s/k/a Quartrez Rashad Logan v. Commonwealth of Virginia, 299 Va. 741...

Strict Adherence to Rule 1:1 in Awarding Costs Post-Nonsuit: Analysis of Astrid Kosko v. James R. Ramser

Date: May 21, 2021

Strict Adherence to Rule 1:1 in Awarding Costs Post-Nonsuit: Analysis of Astrid Kosko v. James R. Ramser Introduction The case of Astrid Kosko v. James R. Ramser, adjudicated by the Supreme Court of...

Admissibility of Child Pornography Evidence and Jury Polling Timeliness in Sexual Abuse Convictions: Kenner v. Commonwealth of Virginia

Date: Feb 26, 2021

Admissibility of Child Pornography Evidence and Jury Polling Timeliness in Sexual Abuse Convictions: Kenner v. Commonwealth of Virginia Introduction Lenny Rock Kenner v. Commonwealth of Virginia is a...

Affirmation of Self-Administration Requirement for DUI Convictions: Lambert v. Commonwealth of Virginia

Date: Apr 10, 2020

Affirmation of Self-Administration Requirement for DUI Convictions: Lambert v. Commonwealth of Virginia Introduction The case of Clinard Gary Lambert v. Commonwealth of Virginia (298 Va. 510)...

Conjunctive Reporting Requirements Affirmed Under Code §46.2-894 in Butcher v. Commonwealth of Virginia

Date: Feb 28, 2020

Conjunctive Reporting Requirements Affirmed Under Code §46.2-894 in Butcher v. Commonwealth of Virginia Introduction In the landmark case of Calvin Darnell Butcher v. Commonwealth of Virginia, the...

Establishing Felony Hit and Run as a Predicate Offense for Felony Homicide: Comprehensive Analysis of Flanders v. Commonwealth of Virginia

Date: Feb 14, 2020

Establishing Felony Hit and Run as a Predicate Offense for Felony Homicide: Comprehensive Analysis of Flanders v. Commonwealth of Virginia Introduction In the landmark case of Sarah Elizabeth...

Affirmed Scope of Attempted Identity Theft Under Code § 18.2-186.3

Date: Feb 7, 2020

Affirmed Scope of Attempted Identity Theft Under Code § 18.2-186.3 Introduction The case of Jermica Shondal Taylor v. Commonwealth of Virginia (298 Va. 336) rendered by the Supreme Court of Virginia...

Interpretation of "Fair Market Replacement Value" in Felony Property Destruction: Spratley v. Commonwealth of Virginia

Date: Dec 13, 2019

Interpretation of "Fair Market Replacement Value" in Felony Property Destruction: Spratley v. Commonwealth of Virginia Introduction Spratley v. Commonwealth of Virginia is a pivotal case decided by...

Seasonal Guidelines Exceed HOA Authority: Supreme Court of Virginia Sets New Precedent

Date: Aug 27, 2019

Seasonal Guidelines Exceed HOA Authority: Supreme Court of Virginia Sets New Precedent Introduction The case of SanJay SAINANI, et al. v. BELMONT GLEN HOMEOWNERS ASSOCIATION, INC. (297 Va. 714)...

Clarifying the Scope of Larceny by Worthless Check: McGinnis v. Commonwealth of Virginia

Date: Dec 14, 2018

Clarifying the Scope of Larceny by Worthless Check: McGinnis v. Commonwealth of Virginia Introduction The case of Daniel Ernest McGinnis v. Commonwealth of Virginia (296 Va. 489) adjudicated on...

Affirmation of Voluntary Manslaughter Conviction in Smith v. Commonwealth of Virginia: An Analysis of Jury Instructions and Evidentiary Sufficiency

Date: Dec 14, 2018

Affirmation of Voluntary Manslaughter Conviction in Smith v. Commonwealth of Virginia: An Analysis of Jury Instructions and Evidentiary Sufficiency Introduction The case of Laurence Maria Smith v....

Affirmation of Voluntariness Standard for Post-Miranda Confessions in Secret v. Commonwealth of Virginia

Date: Oct 12, 2018

Affirmation of Voluntariness Standard for Post-Miranda Confessions in Secret v. Commonwealth of Virginia Introduction In the landmark case of Nicholas Charles Secret v. Commonwealth of Virginia (296...

Felony Failure to Appear: Clarifying the Role of Timely Notice as Evidence of Willfulness

Date: Aug 15, 2018

Felony Failure to Appear: Clarifying the Role of Timely Notice as Evidence of Willfulness Introduction The case of Andy Chavez v. Commonwealth of Virginia, reported in 69 Va. App. 149 (2018),...

Commonwealth v. Giddens: Clarifying Gross Negligence and Screening Compliance Under the SVP Act

Date: Jul 20, 2018

Commonwealth v. Giddens: Clarifying Gross Negligence and Screening Compliance Under the SVP Act Introduction Commonwealth of Virginia v. Troy Lamar Giddens, Sr., 295 Va. 607 (2018), addresses...

Affirmation of Perjury and Driving Suspended License Convictions: Gerald v. Commonwealth of Virginia

Date: Jun 1, 2018

Affirmation of Perjury and Driving Suspended License Convictions: Gerald v. Commonwealth of Virginia Introduction In the landmark case of Patricia Ann Gerald v. Commonwealth of Virginia, the Supreme...

Predicate Convictions in Felony Assault and Battery: Insights from Lewis v. Commonwealth of Virginia

Date: Jun 1, 2018

Predicate Convictions in Felony Assault and Battery: Insights from Lewis v. Commonwealth of Virginia Introduction The case of Antonio Ricardo Lewis v. Commonwealth of Virginia (295 Va. 454, 2018)...

Expanding the Scope of "Personal Information" under Virginia's Data Act: Harrison Neal v. Fairfax County Police Department

Date: Apr 27, 2018

Expanding the Scope of "Personal Information" under Virginia's Data Act: Harrison Neal v. Fairfax County Police Department Introduction The Supreme Court of Appeals of Virginia addressed a pivotal...

Inference of Malicious Intent in Multi-Perpetrator Robbery: Commonwealth v. Perkins

Date: Apr 20, 2018

Inference of Malicious Intent in Multi-Perpetrator Robbery: Commonwealth v. Perkins Introduction Commonwealth of Virginia, Appellant, v. Marquez Rah-Shaun Perkins, Appellee (295 Va. 323, 2018)...

Enforceability of FAR Allocation Formulas in Real Estate Contracts: Insights from RECP IV WG Land Investors LLC v. Capital One Bank

Date: Apr 6, 2018

Enforceability of FAR Allocation Formulas in Real Estate Contracts: Insights from RECP IV WG Land Investors LLC v. Capital One Bank Introduction RECP IV WG Land Investors LLC v. Capital One Bank...

Evans v. NACCO: Virginia Supreme Court Affirms Strict Criteria for Negligent Design in Operator-Adjustable Products

Date: Mar 23, 2018

Evans v. NACCO: Virginia Supreme Court Affirms Strict Criteria for Negligent Design in Operator-Adjustable Products Introduction In the landmark case Ronda Maddox Evans, Administrator of the Estate...