Oral Arguments of the Supreme Court of Virginia

In a groundbreaking decision, the Virginia Supreme Court reinstated a high-profile lawsuit, thrusting into the spotlight a pivotal battle over a teacher's fundamental rights. Peter Vlaming, a dedicated French teacher with nearly seven years of service, found himself at the center of a controversial firestorm. Represented by the powerhouse legal team from Alliance Defending Freedom, Vlaming's case challenges the very core of Virginia law.The West Point School Board's decision to terminate...

What if the car parked for months in your neighborhood could spark a riveting legal battle? Well, brace yourself as we journey through the intricate case of Bryant McCants versus CDMPB Enterprises LLC in our latest podcast episode. We dissect the multifaceted arguments surrounding the controversial conversion of an abandoned Mustang vehicle, unmasking potential missteps in the court of appeals' analysis. From the intricate layers of the Mako franchisee company's ownership to the evidence that...

Are you ready to unlock the mysteries surrounding revocation proceedings and the concept of affirmative election? This episode promises to arm you with legal insights and court interpretations drawn from the case of Commonwealth of Virginia v. DeLon. We dissect whether the violation conduct that occurred prior to the effective date of the statute should apply and if the preparation of sentencing guidelines qualifies as an affirmative election. You'll discover a fascinating twist: a failure to...

Imagine being a part of an intense courtroom drama. Today, you'll be stepping into the shoes of legal giants, as we explore the intriguing case of Swinson v. Commonwealth. Our conversation zooms in on the concept of harmless error in criminal cases, and the ripple effect it may have on the jury verdict. Often, it's the weight of the evidence and the impact of jury instructions that shape the final outcome. Let's take a journey into the heart of this legal spectacle.We'll also take you behind ...

Have you ever wondered how a criminal case unravels, particularly when it comes to identification evidence? Step into the corridors of justice as we dissect the fascinating case of Sample v. Commonwealth of Virginia, where the spotlight is on the process of victim identification. We prod the underbelly of the judicial system, scrutinizing the identification procedure in question and how certainty, influence, and courage all play pivotal roles in the ultimate verdict.The conversation doesn't s...

Ever wondered how the concept of alibi defense can shape the outcome of a sexual abuse case? Prepare to go on an intellectual journey as the attorneys and court dissect a case where the defense claims a broad timeframe of charges doesn’t sync with the evidence. The argument reaches to the meaning of alibi, its spatial aspect, and how to categorize the evidence—is it alibi or impeachment? What obligation did the defendant have to provide a notice of alibi? Could trial cou...

Fasten your seatbelts as the court and counsel zoom into the nitty-gritty of Rule 3A15, exploring its relevance to double jeopardy principles. They ponder on the common law that forbids a judge from reconsidering a motion to strike, scrutinizing its boundaries and applications. The journey gets more twisted as the parties explore the question of the detrimental reliance of the oral ruling and the constitutional argument that suggests states can draw the line earlier. .The arguments...

Could a grandmother who foots the bill for her grandchild's medical expenses in the wake of a crime be the rightful recipient of restitution? Join us as attorneys and the Supreme Court of Virginia unravel the legal labyrinth in the Commonwealth vs. Puckett case, with insights from legal experts Jordan Minot and Graham Bryant. The arguments navigate the murky waters of legal definitions, reevaluating the concept of a 'victim' with broader implications, and questioning whether indirect financia...

The case involves the validity of a lien and the distribution of funds related to a property sale. The Caldwell Trust had a lien on the property, which was subject to a tax lien by the City of Richmond. The Caldwell Trust argues that the judgment lien is an interest in property rights, protected under both the US Constitution and the Virginia Constitution.The City of Richmond argues that the Caldwell Trust's lien is subordinate to the tax lien and the deed of trust, which must be sa...

The ACLU of Virginia filed Prease v. Clarke in the Virginia Supreme Court, challenging the continued incarceration of Steven Prease and advocating for his immediate release from the custody of the Virginia Department of Corrections (VDOC). The case focuses on the interpretation of a law that expanded Virginia's earned sentence credit program, with the petition arguing that Mr. Prease had been unfairly denied the increased credits.Since its establishment in 1995, Virginia's earned sentence cre...