Over the last two months, the Court of Appeals has issued almost 160 opinions. The vast majority of those opinions are unpublished; the court is issuing about 7 unpublished opinions for every published opinion. So the default rule seems to not to publish opinions.

This is interesting for several reasons. First, Code § 17.1-413(A)

Every Tuesday, the Court of Appeals hands down its published and unpublished opinions. And every Tuesday, those unpublished opinions seem to include a least a case or two where the court summarily affirms because the appellant has failed to ensure that the record includes a transcript or written statement of facts.

Now, some of these

Here’s a question that has come up often enough that I suppose it merits its own post: What happens if the Clerk of the Court of Appeals does not properly notify the appellant of the filing of the transcript?

(Disclaimer: The Clerk’s office does a wonderful job! They are great to deal with! They probably

The Washington Post has a piece about Judge Luttig, opening with a lovely anecdote involving Justice Scalia. (But are we sure that Judge Luttig “clerked for [Scalia] at the federal district court in Washington?”) [Update: He did not! The Post has corrected this in its story. Also, autocorrect got me the first time around