Latest Oralargument Podcast Episodes
Teacher lawsuit after being fired for rejecting pupil's pronouns is reinstated - Vlaming v. West Point School District
Oral Arguments of the Supreme Court of Virginia - December 15, 2023 14:00 - 42 minutes ★★★★★ - 5 ratingsIn 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 controvers...
Revocation Proceedings Examining the Role of the Prosecutor
Oral Arguments of the Supreme Court of Virginia - November 29, 2023 20:00 - 30 minutes ★★★★★ - 5 ratingsAre 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...
Victim Identification Evidence: Sample v. Commonwealth of Virginia
Oral Arguments of the Supreme Court of Virginia - November 29, 2023 20:00 - 23 minutes ★★★★★ - 5 ratingsHave 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 und...
The Role of Harmless Error: Understanding the ripple effect Swinson v Comm.
Oral Arguments of the Supreme Court of Virginia - November 29, 2023 20:00 - 32 minutes ★★★★★ - 5 ratingsImagine 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 ...
Abandoned Vehicles? There's Actually Law on this?
Oral Arguments of the Supreme Court of Virginia - November 29, 2023 20:00 - 30 minutes ★★★★★ - 5 ratingsWhat 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 controvers...
Unraveling Alibi Defense in a Sexual Abuse Case
Oral Arguments of the Supreme Court of Virginia - September 19, 2023 13:00 - 30 minutes ★★★★★ - 5 ratingsEver 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 mean...
Diving into Double Jeopardy and Unraveling Rule 3A15
Oral Arguments of the Supreme Court of Virginia - September 18, 2023 21:00 - 31 minutes ★★★★★ - 5 ratingsFasten 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 ...
Redefining 'Victim' and 'Incur' in Restitution
Oral Arguments of the Supreme Court of Virginia - September 18, 2023 15:00 - 27 minutes ★★★★★ - 5 ratingsCould 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 ...
McKeithen, etc. v. City of Richmond - Validity of a tax lien
Oral Arguments of the Supreme Court of Virginia - June 20, 2023 16:43 - 35 minutes ★★★★★ - 5 ratingsThe 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...
Prease v. Clark - Tried to kill police - effort to get out of prison early draws some interest!
Oral Arguments of the Supreme Court of Virginia - June 20, 2023 14:01 - 27 minutes ★★★★★ - 5 ratingsThe 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 exp...
Tried to kill police - effort to get out of prison early draws some interest!
Oral Arguments of the Supreme Court of Virginia - June 20, 2023 14:01 - 27 minutes ★★★★★ - 5 ratingsThe 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 exp...
In Court Identification - Who's Rights Matter More? Walker v Commowealth
Oral Arguments of the Supreme Court of Virginia - May 16, 2023 14:06 - 32 minutes ★★★★★ - 5 ratingsThe defendant challenged the admissibility of an in-court identification of him. Here's what the lower court (Court of Appeals) said: In the vast majority of contested criminal trials, a witness will take the stand and testify under oath that the defendant, who is present in the courtroom, i...
In Court Identification - Who's Rights Matter More?
Oral Arguments of the Supreme Court of Virginia - May 16, 2023 14:06 - 32 minutes ★★★★★ - 5 ratingsThe defendant challenged the admissibility of an in-court identification of him. Here's what the lower court (Court of Appeals) said: In the vast majority of contested criminal trials, a witness will take the stand and testify under oath that the defendant, who is present in the courtroom, is ...
When your lawyer testifies in your attempt to withdraw your guilty plea, does that violate the 6th Amendment?
Oral Arguments of the Supreme Court of Virginia - March 28, 2023 21:04 - 28 minutes ★★★★★ - 5 ratingsDeluca v. the Commonwealth. The Court does not seem to be buying the argument that when your lawyer takes the stand to testify about his conversations with you when you are attempting to withdraw your guilty plea because "you didn't understand everything" that this is a 6th Amendment violation o...
Sanctions order after 21 days of final order - How can this still be an issue in Virginia?
Oral Arguments of the Supreme Court of Virginia - March 22, 2023 13:21 - 30 minutes ★★★★★ - 5 ratingsAn appeal of sanctions issued in a shareholder derivative suit. How can courts (and lawyers) still be messing up the 21 day "final order" rule in Virginia? Second issue. If the appellate bond for costs is given in the form of a check to the Clerk of the Court, is that good enough? And in who's n...
Monroe, Derivatively, etc. v. Monroe, et al. - Sanctions order after 21 days of final order - How can this still be an issue in Virginia?
Oral Arguments of the Supreme Court of Virginia - March 22, 2023 13:21 - 30 minutes ★★★★★ - 5 ratingsAn appeal of sanctions issued in a shareholder derivative suit. How can courts (and lawyers) still be messing up the 21 day "final order" rule in Virginia? Second issue. If the appellate bond for costs is given in the form of a check to the Clerk of the Court, is that good enough? And in who's n...
Sanctions order after 21 days of final order - How can this still be an issue in Virginia? Monroe, Derivatively, etc. v. Monroe, et al. -
Oral Arguments of the Supreme Court of Virginia - March 22, 2023 13:21 - 30 minutes ★★★★★ - 5 ratingsAn appeal of sanctions issued in a shareholder derivative suit. How can courts (and lawyers) still be messing up the 21 day "final order" rule in Virginia? Second issue. If the appellate bond for costs is given in the form of a check to the Clerk of the Court, is that good enough? And in who's n...
City Fired Firefighter - "Discovery" - Writ of Mandamus - City of Hampton v. Williamson
Oral Arguments of the Supreme Court of Virginia - March 20, 2023 15:52 - 32 minutes ★★★★★ - 5 ratingsIn this case the principal issue is whether the City had to turn over all documents that it considered before firing a firefighter. Assignments of Error 1. The circuit court erred in granting a writ of mandamus by order on July 23rd, 2021, requiring the City to provide all relevant records re...
City of Hampton v. Williamson - Writ of Mandamus - City Fired Firefighter - "Discovery"
Oral Arguments of the Supreme Court of Virginia - March 20, 2023 15:52 - 32 minutes ★★★★★ - 5 ratingsIn this case the principal issue is whether the City had to turn over all documents that it considered before firing a firefighter. Assignments of Error 1. The circuit court erred in granting a writ of mandamus by order on July 23rd, 2021, requiring the City to provide all relevant records re...
Open Meeting Law, Virginia FOIA - Can you just hold a virtual meeting? Suffolk City School Board, et al. v. Wahlstrom -
Oral Arguments of the Supreme Court of Virginia - March 16, 2023 18:26 - 31 minutes ★★★★★ - 5 ratingsA Suffolk Circuit Court judge ruled that the Suffolk School Board violated the Freedom of Information Act by denying Dr. Deborah Wahlstrom access to an open meeting. Judge Matthew A. Glassman ruled that the School Board violated the open meeting requirements as set forth under FOIA when Wahlst...
Suffolk City School Board, et al. v. Wahlstrom - Open Meeting Law, Virginia FOIA - Can you just hold a virtual meeting?
Oral Arguments of the Supreme Court of Virginia - March 16, 2023 18:26 - 31 minutes ★★★★★ - 5 ratingsA Suffolk Circuit Court judge ruled that the Suffolk School Board violated the Freedom of Information Act by denying Dr. Deborah Wahlstrom access to an open meeting. Judge Matthew A. Glassman ruled that the School Board violated the open meeting requirements as set forth under FOIA when Wahlst...
Ranger v Hyndai - Lemon Law - Can You Recover Attorney Fees if the Manufacturer Cures?
Oral Arguments of the Supreme Court of Virginia - March 16, 2023 01:36 - 25 minutes ★★★★★ - 5 ratingsUnder Virginia's Lemon Law statute, a vehicle manufacturer has the opportunity to cure an alleged "lemon." The issue, in this case, is whether, once the dealer does "cure" prior to a lawsuit being filed, the plaintiff can never the less recover his attorney fees. Suit was filed and dismissed and...
Lemon Law - Can You Recover Attorney Fees if the Manufacturer Cures? Ranger v Hyndai
Oral Arguments of the Supreme Court of Virginia - March 16, 2023 01:36 - 25 minutes ★★★★★ - 5 ratingsUnder Virginia's Lemon Law statute, a vehicle manufacturer has the opportunity to cure an alleged "lemon." The issue, in this case, is whether, once the dealer does "cure" prior to a lawsuit being filed, the plaintiff can never the less recover his attorney fees. Suit was filed and dismissed and...
Brown v. Virginia State Bar - Appeal of Public Reprimand - Divorce Case
Oral Arguments of the Supreme Court of Virginia - March 16, 2023 00:55 - 30 minutes ★★★★★ - 5 ratingsWhat happens when a lawyer in a Virginia divorce case in which adultery may be an issue enters into a sexual relationship with his female client while the divorce proceedings are ongoing? In this case, the lawyer withdrew from the case and, according to the arguments here, left his client withou...
Attorney Sex with Divorce Client - How Can This Still be a Thing?
Oral Arguments of the Supreme Court of Virginia - March 16, 2023 00:55 - 30 minutes ★★★★★ - 5 ratingsWhat happens when a lawyer in a Virginia divorce case in which adultery may be an issue enters into a sexual relationship with his female client while the divorce proceedings are ongoing? In this case, the lawyer withdrew from the case and, according to the arguments here, left his client withou...
Attorney Sex with Divorce Client - Appeal of Public Reprimand - Brown v. Virginia State Bar
Oral Arguments of the Supreme Court of Virginia - March 16, 2023 00:55 - 30 minutes ★★★★★ - 5 ratingsWhat happens when a lawyer in a Virginia divorce case in which adultery may be an issue enters into a sexual relationship with his female client while the divorce proceedings are ongoing? In this case, the lawyer withdrew from the case and, according to the arguments here, left his client withou...
2020 November Burke v. Young
Oral Arguments of the Supreme Court of Virginia - December 11, 2020 19:34 - 32 minutes ★★★★★ - 5 ratingsThis podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com Granted Appeal Summary Case CONRAD BURKE v. STANLEY YOUNG, ET AL. (Record Number 200095) From The Circuit court of Tazewell County; R. Patterson, Judge. Counsel Conrad...
2020 November Dodd v. Clarke
Oral Arguments of the Supreme Court of Virginia - December 11, 2020 19:31 - 22 minutes ★★★★★ - 5 ratingsThis podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com Granted Appeal Summary Case ROBERT JOHN DODD v. HAROLD CLARKE, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS (Record Number 200091) From Circuit Court of Chesterfield Coun...
2020 November Goldberg v. Commonwealth
Oral Arguments of the Supreme Court of Virginia - December 11, 2020 19:29 - 22 minutes ★★★★★ - 5 ratingsThis podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com Granted Appeal Summary Case AARON LOUIS GOLDBERG v. COMMONWEALTH OF VIRGINIA (Record Number 191701) From The Court of Appeals of Virginia. Counsel Roger Alan Whitus (O...
2020 November Palmyra v. Commissioner of Highways
Oral Arguments of the Supreme Court of Virginia - December 07, 2020 13:41 - 34 minutes ★★★★★ - 5 ratingsGranted Appeal Summary Case PALMYRA ASSOCIATES, LLC, ET AL. v. COMMISSIONER OF HIGHWAYS (Record Number 191680) From The Circuit Court of Fluvanna County; R.D. Taylor, Jr., Judge. Counsel Joseph E. Blackburn (Blackburn, Conte, Schilling & Click, P.C.) for appellants. Francis A. Cherry...
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