My colleague and sometime coauthor, Travis Graham, is an eccentric civil procedure genius and all-around good guy. Among his other hobbies, Travis collects popular misconceptions of the law. He recently told me about a new urban legend making the rounds: the Nusbaum motion. As I understand it, there is a perception brewing in
Preservation of Error
Bad News for Appellees: Whitehead v. Commonwealth
By Jay O'Keeffe on
Posted in Opinions and Analysis, Preservation of Error
Here’s a scary new Supreme Court opinion: Whitehead v. Commonwealth. The facts of the case are depressing. Whitehead’s boyfriend was breaking into cars and storing his pilfered goods at her apartment, while helping her pay rent and support their daughter. Danville’s finest intervened, and Whitehead was convicted of receiving stolen property based on a…
New Virginia Supreme Court Opinion on Preservation of Error
By Jay O'Keeffe on
Posted in Preservation of Error
For years, the Supreme Court of Virginia has enforced Rule 5:25, its contemporaneous objection rule, with a rigor that has terrorized even the most careful appellants. But the Court recently handed down a gift to the folks in front of the “v” in Helms v. Manspile, 277 Va. 1, 671 S.E.2d 127 (2009)…