John S. Koehler
Aug 24, 20227 min read
One Published Decision — Can you be actually innocent of a crime you weren’t convicted of?
Editorial Comment: Today we have a classic example of how the American Criminal Justice System can ensnare people — both the guilty and...
John S. Koehler
Aug 17, 20226 min read
Failure to Make a Sufficient Proffer has Sunk Many Appeals . . . But What Makes an Proffer Sufficien
When testimonial evidence is excluded by a trial court, it is essential that the party who want to introduce that evidence makes a...
John S. Koehler
Aug 10, 20227 min read
An Appellate Lawyer Goes to Trial . . . That Sounds Mental (and it is)
Today I second-chaired a criminal trial. Why was an appellate lawyer doing real lawyer work? Well, primarily because in this case (and...
John S. Koehler
Aug 10, 202210 min read
One Opinion from the Published List, with a Lesson about Formatting Briefs — and a Quick Note
Having just last week participated in the first ever VaCLE Virginia Appellate Academy during which one of my roles was to advise some of...
John S. Koehler
Aug 3, 20228 min read
Well, that was fast. Last week I said that we would see more about the “plain smell” is
As we enter the Dog Days of Summer, the Court of Appeals has three published opinion to kick off August. Let’s start off with a Worker’s...