De Novo: A Virginia Appellate Law Blog

De Novo: A Virginia Appellate Law Blog

Jay O’Keeffe practices with Johnson, Rosen & O’Keeffe LLC. in Roanoke, Virginia, where he splits his time between appellate and business litigation. read more

Category Archives: Standards of Review

Subscribe to Standards of Review RSS Feed

United States v. Carthorne: The Standard of Review (and Good Lawyering) Decide Cases

Posted in Opinions and Analysis, Standards of Review
United States v. Carthorne is one of my favorite recent opinions. It turns on whether the standard for showing plain error is the same as the standard for proving ineffective assistance of counsel. That’s a perfectly nerdly and compelling question in its own right, but it’s not why I like the opinion. Carthorne is a winner… Continue Reading

Standard of Review–There’s No Reason This Can’t be Fun

Posted in Standards of Review
Just came across this delightful explanation of how an appellate court treats the facts when reviewing a grant of summary judgment: We limn the facts in the light most hospitable to the summary judgment loser, consistent with the record support. In doing so, we ignore “conclusory allegations, improbable inferences, and unsupported speculation.” Roche v. John… Continue Reading

Practice Tip: Use the Standard of Review Ladder

Posted in Appellate Practice, Standards of Review
Appellate texts and practice guides recite solemn homilies about the importance of the standard of review (and with good reason–but that’s another post). We are told that that standard of review defines the strength of the lens through which the appellate court will review the lower court’s decisions. Our standard of review should not be cut-and-pasted boilerplate, we are cautioned, but… Continue Reading