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John S. Koehler
Mar 24, 20242 min read
Court of Appeals Upholds Sanctions Against Attorney who Filed Suit Against her Opponent in a Primary race for the Commonwealth's Attorney of Norfolk
It seems that it's not just in national politics that sore losers turn to the courts to seek some redress for an election loss. Amina...
John S. Koehler
Mar 24, 20243 min read
That was fast. En Banc Rehearing granted in case decided February 20.
If I had been keeping up with my coverage of the Court of Appeals, I might have speculated whether the split decision in Mazie Green v....
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John S. Koehler
Mar 24, 20242 min read
Local Governments are Batting 1.000 in the Court of Appeals
The Court of Appeals handed two local governments victories in the opinions handed down February 13, 2024. In the first case, the...
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John S. Koehler
Mar 24, 20242 min read
Electric "Un-cooperative" might be a better name for it . . .
Virginia has quite a few electric cooperatives. Electric cooperatives are not-for-profit electric transmission providers which are owned...
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John S. Koehler
Mar 23, 202412 min read
The Court of Appeals issued eight published opinions on February 6, 2024 -- seven from criminal cases.
As there was only one civil case decided February 6, 2024, let's get to it first. Pui Ho v. Ebne Rahman, et al. (February 6, 2024)...
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John S. Koehler
Mar 22, 20245 min read
Still cathcing up, here are the summaries of the last January Court of Appeals Opinions.
Joshua Stanton v. Virginia Beach - Fire Operations (January 30, 2024) Stanton injured his hip while performing his job as a paramedic and...
John S. Koehler
Jan 31, 202415 min read
Lucy . . . You've Got Some Summarizin' to Do. Court of Appeals Issues a Slew of Opinions Over Two Weeks and the Appellate Lawyer's Blog is Behind in Summarizing Them.
The Court of Appeals issued 5 published opinions last week, which due to pressing matters were not summarized in this space. Today the...
John S. Koehler
Jan 19, 20249 min read
En Banc from Unpublished Case Garners Nearly Unanimous Result; 2 Other Cases from the Court of Appeals
It's unusual for an unpublished decision to get a review by the full Court of Appeals even where there is a dissent. It's even more...
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John S. Koehler
Jan 10, 20246 min read
Please Ignore the Lesson of the First Published Court of Appeals Opinion of 2024
The Court of Appeals of Virginia released its first published opinion of 2024 today and it comes with a very bad lesson that I implore my...
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John S. Koehler
Jan 3, 20245 min read
Last Opinions for 2023
The Court of Appeals issued two more published opinions as 2023 closed out. Lisa G. Boxley v. Estel R. Crouse, et al. is about a...
John S. Koehler
Dec 20, 20239 min read
Three En Banc Decisions Before Christmas
The Court of Appeals released five published decisions today, but only two are from "new" cases. The other three are rehearings en banc,...
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John S. Koehler
Dec 13, 20233 min read
NIMBY does not convey Standing for Tax Assessment Challenge
The Court of Appeals had a single publihsed opinion this week after having none the week before and it's not much of an opinion as Mary...
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John S. Koehler
Nov 29, 20236 min read
Catching up after the holiday
The Court of Appeals Blog is catching up after taking a few weeks off. During that time, five published opinions were released,...
John S. Koehler
Nov 9, 20235 min read
One Published Opinion Following Election Day Holiday
[Editor's Note: At times, these posts will strive to balance the serious with the entertaining and sometimes even droll aspects of...
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John S. Koehler
Nov 5, 20235 min read
4 Opinions from CAV to round out October
The Court of Appeals issues 4 published opinions in the last weeks of October. You humble correspondent was busy presenting CLEs for the...
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John S. Koehler
Oct 23, 20235 min read
A Pro Se Litigant Wins, a Represented Litigant Loses
The Court of Appeals issues two published opinions today, and one of them represents a fairly rare occurrence -- a pro se appellant...
John S. Koehler
Oct 13, 20235 min read
I've been busy, and so has the Court of Appeals -- the Supreme Court not so much
I am more than a week behind in posting my summary and analysis of recent Court of Appeals' decisions, but with good reason. I have been...
John S. Koehler
Sep 7, 20236 min read
Two Opinions From the Court of Appeals to Start September
It's not officially fall until September 22, 2023 -- and with post-Labor Day temperatures in the upper 90s in the Star City, I can't...
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John S. Koehler
Aug 30, 20233 min read
Default, dear Brutus , is not in our stars, But in ourselves
Ok, I am quite sure I am not the first to butcher the Bard when the legal issue is a default judgment, but with only one new opinion from...
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John S. Koehler
Aug 16, 202312 min read
In which we learn about Silencers, the History of Booze in Virginia, and a Despicable Scam
The Court of Appeals of Virginia released three published opinions this week. Brian Kuang-Ming Welsh v. Commonwealth of Virginia involves...