Juli Porto

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

Metro Safety in the DMV – Rider Vigilance

Originally posted on BARKLEY HORN :
Riding the Metro is a commonplace — if not dull — experience for those of us who live or work in the Washington, D.C. metropolitan area.? The metro system affords riders the small pleasures of reading, catching up on social media, or simply daydreaming while traveling, all while avoiding the…

County of Henrico v. O’Neil, Record No. 0932-21-2, 75 Va. App. 312 (Aug. 2, 2022)

Facts. Casie O’Neil was injured when she was punched in the neck during a sheriff’s training exercise. She was initially diagnosed with a left clavicle contusion. Over the course of several medical appointments with several different doctors, she was diagnosed with a host of other problems relating to her left neck, arm, shoulder, and ear.…More

Ellis v. Commonwealth, Record No. 0818-21-1, 75 Va. App. 162 (July 19, 2022)

Facts. Samuel Ellis was issued a Virginia Uniform Summons, which charged him with “Driving Suspended DUI Related” in violation of Code § 18.2‑272 and “Newport News Ordinance § 26-8.” The officer checked the box indicating that Ellis was being charged with a city offense. Ellis was convicted in GDC, and, as customary, the conviction order was written…More

Beginning Your Appeal in the Court of Appeals

If you’re the appellant, it may seem like the first step in your appeal is filing your Opening Brief of Appellant, but there are several critical steps to follow before you get there. Find out what they are and how to avoid traps. More