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

Tag Archives: Appeals

Free Appellate CLE October 19th in Richmond

Posted in Oral Argument
On October 19th from 3:00-5:30 p.m., the VSB’s Appellate Practice Committee will present a free appellate CLE at LeClair Ryan’s Riverfront Plaza office in Richmond. The Committee’s last CLE, or “symposium,” was by all accounts a big hit. Justice (let’s hope soon to be Judge) Keenan participated, and shared some sound observations and advice. I expect the October… Continue Reading

Appealing Evidentiary Rulings

Posted in Appellate Practice
As every trial lawyer knows, judges are human. They will, from time to time, make mistakes. Often those mistakes will manifest themselves as mistaken evidentiary rulings. The judge may exclude a piece of evidence that should have come in, or allow the jury to hear something that it shouldn’t. Given the volume of evidentiary issues… Continue Reading

New Court of Appeals Opinion on Questions Presented

Posted in Appellate Practice, Opinions and Analysis
The Court of Appeals of Virginia welcomes us back from summer vacation with a discussion of questions presented that will keep appellate specialists up at night in Carroll v. Commonwealth. Facts In 2007, Carroll was charged with raping his stepdaughter twenty-four years earlier. Carroll had initially been charged in 1983, but the case was nolle prossed–only to be reopened later, as the result of… Continue Reading

Chief Justice Hassell to Miss September Session

Posted in News, Oral Argument
The VLW Blog reports that Chief Justice Hassell was hospitalized recently with an infection and will not participate in the Supreme Court of Virginia’s oral argument session next week. The story is here. One of the Court’s senior justices will likely sit in for him during his absence. We wish the Chief a speedy recovery, and are… Continue Reading

Early Release of Citizens United Audio from SCOTUS

Posted in News
Here’s some exciting news: the Supreme Court will release the audio from Wednesday’s argument in Citizens United v. Federal Election Commission “shortly after the conclusion of the argument.” SCOTUSblog has the scoop, as well as an argument preview. Citizens United is a major campaign-finance case with potentially serious constitution implications. You might remember it as the case about Hilary:… Continue Reading

Supreme Court of Virginia Issues Two Unpublished Orders

Posted in News
A little something to tide you over until the Supreme Court of Virginia hands down its next set of opinons on September 18th: on Friday, the Court unpublished orders in two cases. One, D.R. Horton, Inc. v. Zambrana, deals with prejudgment interest. The other, Higgs v. Director, Dep’t of Corrections, is a habeas case. Credit… Continue Reading