How to Win Your Appeal in Virginia State CourtsIf you want to appeal, you’ll need to follow certain steps. Some of these steps you must rigidly adhere to or lose your right to appeal. For the rest of the process, you’ll want an experienced Virginia appeals attorney to guide your case through the appeals process. Appeal from General District: From the General District Court, you have ten calendar days to file your appeal with the clerk of the General District Court to obtain an automatic new trial in the Circuit Court. This article addresses appeals from the Circuit Court. Appeal Criminal and Other Cases from the Circuit Court to Virginia Court of Appeals:
- Written Notice within 30 calendar days with $25.00 fee.
- Filing the transcript.
- Filing the petition for appeal.
- What happens behind the scenes to your petition.
- Criminal Cases – If your petition is granted – Filing the opening brief.
- The Hearing – oral arguments.
- Before the Court of Appeals.
- Before the Supreme Court.
- The decision.
- Why you should hire an attorney to represent you on appeal.
- Need Help?
Just a few of the appeals by this law firm:
Civil Rights – TortsCromartie v Billings, 298 Va. 284 (2020) – (Oral Argument – Jonathan M. Arthur, Esq.)(Reversal and remand where trial court erroneously granted police officer’s motion to strike civil rights claims for excessive use of force under 42 USC § 1983 based upon qualified immunity and unlawful search under Va. Code § 19.2-59 based upon sovereign immunity) Liverman v City of Petersburg, 844 F.3d 400 (2016) (Oral Arguments – Andrew T. Bodoh, Esq.) (1st Amendment violations by City of Petersburg Police Department) Cutts v Peed, 17 Fed. Appx 132 (2001)(unpublished)(rejected sheriff’s interlocutory appeal of denial of qualified immunity where deputies claimed retaliation under the 1st Amendment for opposing racial harassment in the Fairfax Sheriff’s Office) Smith v Commonwealth, 286 Va. 52 (2013) (Virginia breached plea agreement with unlawful taking without compensation by exercise of police powers to reclassify sex offence conviction – 1st time court acknowledged Virginia Constitution’s taking clause extended beyond real property) Fobian v Storage Tech. Corp., 164 F.3d 887 (1999)(Vacated and remanded – the trial court erred by finding it did not have jurisdiction to hear FRCP 60(b) motion to vacate judgment on the basis of fraud and newly discovered evidence) Brown v ABF Freight Sys., Inc. 183 F.3d 319 (1999)(Collective bargaining agreement did not incorporate federal anti-discrimination laws into agreement and therefore employee not required to arbitrate ADA claims) Goad v Va. Bd. of Med. 40 Va. App 621 (2003)(reversal of revocation of professional medical license where no evidence of standard of ethics that were violated and record devoid of evidence showing doctor performed any act likely to deceive, defraud or harm the public) Corker v Jones 1992 U.S. App LEXIS 2328 (1992)(unpublished)(4th Circuit failed to reverse stating that police officers had probable cause to arrest a mildly mentally disabled known cross-dresser with a press pass outrageously affirming that he was unable to explain how he obtained a press pass, did not appear to be prepared to act as a reporter, had no identification to establish connection to a “news organization, was known as an eccentric person with a criminal record — since when would any of these rob him of his 1st Amendment right of being a member of the “press”??)
Domestic:Winters v Winters, 73 Va. App 581 (2021) – Oral Arguments – 9/14/2021 (Primary issue in custody, visitation & support is best interest of children, all other issues subordinate) Mulvey v Rhoads, 3/15 (2022) – Oral Arguments – Thomas H. Roberts – 1/19/2022 (Constitutional Rights in Parent-Child Relationship Should Not Be Terminated without finding upon clear and convincing evidence of unfit parent and detriment to child of continuing relationship)
Tort – GeneralPadula-Wilson v Landry, 298 Va. 565 (2020)(Defense of Guardian ad Litem against suit by disgruntled parent) O’Brien v Everfast, Inc., 254 Va. 326 (1997)(Reversed and Judgment for O’Brien, where shopkeeper created danger, claimant not required to prove notice)
GeneralHarmon v Ewing, 285 Va. 335 (2013) – (FOIA Appeal Issues) Brubaker v City of Richmond, 943 V.2d 1363 (1991)(Reversed in part, vacated in part – where trial court improperly sanctioned young attorney where he was correct on most of the issues of law) Martin v Univ. of Va. Med. Ctr., 2007 Va. App. (2007)(unpublished) (Worker’s Compensation Commission finding that claimant failed to adequately market her residual capacity was reversed) Rector v Wykle, 2000 U.S. App LEXIS 23258 (2000)(vacated and remanded where trial court erroneously used 42 USCA § 1988 factors in determining sanctions under FRCP 11)
Criminal DefenseArtis v Commonwealth, 2014 Va. App LEXIS 323 (2014)(unpublished) (conviction for trespass reversed) Roberts v Clarke, 1994 Va. LEXIS 300 (1994)(reversing and vacated trial court sanction)
The materials are prepared for information purposes only. The facts of each case are unique and the success of one case does not mean that another case will have the same outcome. The materials are not legal advice and you should not act upon the information without seeking the advice of an attorney. Nothing herein creates an attorney-client relationship.
Thomas H. Roberts, Esq. Thomas H. Roberts & Associates, P.C. 105 S 1st Street Richmond, Va 23219 804-783-2000
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