Some of us may never hear this phrase again in our legal lifetimes: “The ‘ends of justice’ exception applies.” More
Author Archives: Juli Porto
Bland-Henderson v. Commonwealth, Record No. 1359-21-2 (Va. Ct. App. Apr. 11, 2023)
What does the word “shall” mean? It depends on who you are… More
Ranger v. Hyundai Motor America, Record 220058 (Va. Apr. 6, 2023)
In this short opinion, the Supreme Court decides that a manufacturer need not pay pre-litigation attorney fees to comply with the Lemon Law. More
Jalloh v. S.W. Rodgers, Record No. 0920-22-4 (Va. Ct. App. April 4, 2023)
Facts. On June 10, 2021, Abu Jalloh fell off a ladder and injured his back, neck, and shoulders. A few days later, Jalloh’s safety officer called Jalloh to convince him to get medical attention, but Jalloh said he would find his own doctor. The officer went to Jalloh’s home to give him a panel list…More
Yourko v. Yourko, Record No. 22039 (Va. Mar. 30, 2023)
The Supreme Court hands down a major family law case today, reversing the Court of Appeals’ published opinion. The question before the Court was whether federal law bars a spouse from agreeing to indemnify a former spouse if military retirement pay is reduced. TLDR: It doesn’t. More
Evans v. Truist Bank f/k/a Branch Banking & Trust Co., Record No. 0631-22-3 (Va. Ct. App. Mar. 28, 2023)
Facts. On March 1, 2011, Truist Bank, formerly BB&T, loaned Edward Brian Evans $732,000 in exchange for a promissory note. Evans made several materially false statements concerning his financial situation both before and after receiving the loan. Unsurprisingly, Evans failed to make his payments, and on October 17, 2013, Truist notified him that he was…More
What To Do When Things Go Wrong: You Missed The Deadline To File Your Notice of Appeal
Here’s how you can still save your appeal if you file your Notice of Appeal late. More
Khine v. Commonwealth, Record No. 0900-21-1, 75 Va. App. 435 (Sept. 13, 2022)
Facts. William Khine killed his wife in their home, then claimed that voices had commanded him to do so. Khine’s counsel asked for a psychological evaluation of Khine’s sanity at the time of the offense, so the court appointed a clinical psychologist to evaluate him. The psychologist testified at trial that at the time of…More
Virginia Department of Corrections v. Bishop, Record No. 0987-21-3, 75 Va. App. 1 (May 24, 2022)
Facts. Richard Bishop was a “ranking major” at a VDOC Center. In March 2019, Bishop’s secretary told him that a supervisor was having a relationship with a subordinate. Bishop was eventually terminated for failing to report the relationship pursuant to VDOC policies. Bishop challenged his termination, and at a grievance hearing, contended that he had…More
Jacks v. Commonwealth, Record No. 0833-20-3, 74 Va. App. 783 (May 17, 2022) (en banc)
Facts. On March 16, 2020, the Supreme Court of Virginia issued its first judicial emergency order related to the COVID-19 pandemic, which tolled certain deadlines. The same day, Clifton Jacks was convicted in GDC for driving while intoxicated. Jacks noted his appeal to circuit court outside the Code § 16.1‑132’s ten-day deadline, so the circuit court…More