Commonwealth v. McNeal

SCOVA granted 9 appeals in recent days, 5 criminal and 4 civil. Highlights include

Complete information about the writs is available on the Court’s website. Here is a summary of the cases, lawyers, and issues involved:

BROOKS v. COMMONWEALTH, Record Number 091047, on appeal from the Court of Appeals of Virginia

Counsel

  • Daniel W. Hall (Office of the Public Defender) for appellant.
  • Cheryl J. Wilson (Office of the Commonwealth’s Attorney) for appellee.

Assignments of Error

  1. The Court of Appeals erred by upholding the trial court’s refusal to suppress the evidence where the consent given for a search for a gun did not justify the search of a folded NTelos bag, rendering the further search a violation of petitioner’s rights under the U.S. and Virginia Constitutions.
  2. The Court of Appeals erred by upholding the trial court’s refusal to suppress defendant’s statements as the immediate fruit of the unlawful search of the NTelos bag.
  3. The Court of Appeals erred by upholding the trial court’s refusal to suppress defendant’s statements where they were made in violation of his Miranda rights under the Fifth and Sixth Amendments.
  4. The Court of Appeals erred by upholding the trial court’s ruling permitting the introduction of a certificate of analysis in violation of the appellant’s rights under the Confrontation Clause.

SCHUMAN v. SCHUMAN, Record Number 100967, on appeal from the Court of Appeals of Virginia

Counsel

  • Scott A. Surovell (Surovell Markel Isaacs & Levy PLC) for the appellant.
  • William B. Reichhardt and Colleen C. Sweeney (William B. Reichhardt & Associates) for the appellee.

Assignments of Error

  1. The Court of Appeals erroneously disregarded the trial court’s interpretation of the agreement.
  2. The Court of Appeals erroneously affirmed the trial court’s equitable distribution of the Arlington condominium.
  3. The Court of Appeals erroneously affirmed the trial court’s refusal to equitably distribute the wife’s deferred compensation earned entirely during the marriage.

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