John S. Koehler
Nov 1, 20223 min read
Two More Appeals -- October 4, 2022 Opinions of the Court of Appeals
And we are now into October as the Court of Appeals of Virginia Blawg plays catch-up after its hiatus and move to its new home. Danjuan...
John S. Koehler
Nov 1, 20224 min read
Court of Appeals Opinions from September 27, 2022
As the Blawg continues to play catch-up, we have two more criminal appeals from the Court of Appeals, these having been issued on...
John S. Koehler
Oct 31, 20223 min read
September 20, 2022 Opinions of the Court of Appeals
The Court of Appeals release three published opinions on September 20, 2022, all from criminal cases. Craig Carnell Maryland v....
John S. Koehler
Oct 31, 20226 min read
September 13, 2022 Court of Appeals' Opinions
The Court of Appeals issued three published opinions on September 13, 2022, all involving criminal appeals. Shemon Devonte Clayton v....
John S. Koehler
Sep 7, 202210 min read
Court of Appeals Opinions: One From Last Week, One From This Week, and an En Banc Grant
Did you notice that there was no post to the Court of Appeals of Virginia Blawg last week? You didn’t? Well, there wasn’t. Your humble...
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, 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...
John S. Koehler
Jul 27, 20227 min read
Two Opinions, one Dissent, and a Wholly Unsurprising Decision on a Rehearing En Banc
There were two published opinions, but three published decisions from the Court of Appeals. Because the decision was that the Court has...
John S. Koehler
Jul 22, 20228 min read
Two Published Criminal Case Opinions — One With a Dissent
The Court of Appeals of Virginia released two published opinions this week, both from criminal cases. In Timothy James Suhay v....
tloojs
Jul 16, 20228 min read
Oral Argument the Way it Was Meant to Be
This is a long post which, as a true pedant, I naturally started with some history that is mostly irrelevant to the story (but darn...
tloojs
Jul 8, 20224 min read
Introducing the Icarus Index
Readers of the Blawg of the Sage of Virginia Beach are familiar with the David-Goliath Index in which Steve Emmert reports of the...
tloojs
Jul 3, 20226 min read
Is there a Correlation Between Being an Appellate Procedure Geek and a Data Geek? Most Likely. Her
I am proud to say that in addition to being a “procedural geek,” I am also a “data geek.” I am fascinated by looking at statistics about...
tloojs
Jul 2, 20225 min read
Court of Appeals Issues First Rule 5A:27(b) Opinion
An event of some note occurred on July 28, 2022, but it received little fanfare. Indeed, I am somewhat chagrined that I was not more...
tloojs
Jun 22, 20227 min read
Let’s Twist Again, Like We Did Last Summer! One Published Decision Today from the Court of Ap
The Court of Appeals released one published decision today, but not in an appeal. Rather, the Court under took to review a writ of...
tloojs
Jun 17, 20223 min read
Statistics for the First Quarter of 2022
A few days ago I posted statistics for the first month of filings in the “new” Court of Appeals. This evening I entered the remaining...
tloojs
Jun 15, 20224 min read
A Fortunate Young Lady is not on Life-Support, but Chivalry Probably Is . . . and a 2-1 Decision in
The Court of Appeals gives us two published opinions today, both in criminal cases and with predictable results, though the latter may be...
tloojs
Jun 14, 20222 min read
Statistics for the First Month of 2022
The Court of Appeals entered a new era on January 1, 2022 as it became the primary appellate court for the Commonwealth and began...
tloojs
Jun 8, 20226 min read
Just One Published Decision Today — an En Banc Order — And It’s a Humdinger!
If like me, dear reader, you await the Tuesday missive’s from the Court of Appeals announcing new opinions to peruse, you, like, me were...