De Novo: A Virginia Appellate Law Blog
Virginia appellate lawyer Jay O’Keeffe of Gentry, Locke, Rakes & Moore uses De Novo: A Virginia Appellate Law Blog to offer commentary and analysis on the Court of Appeals of Virginia.
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Featured Articles
I Am John Roberts and So Can You, Part II: Oral Argument
Chief Justice Roberts has a well-deserved reputation as a stellar oral advocate. In Bryan Garner's words, the oral arguments he gave during his days at Hogan were "generally breathakingly good." Or as Miguel Estrada once put it, the "G" in John G. Roberts stands for...
Good Ideas That I Stole From Smart People: Dealing with Stress at Oral Argument
Controlling anxiety is one of the hardest parts of oral argument. Everybody gets nervous. You never really outgrow it. I've seen even very experienced, very good lawyers--lawyers much better than I'll ever be--undone by their own nervous energy at oral argument, spitting...
Musings of a Rookie Justice: Justice Mims Reflects on His First Year on the Supreme Court of Virginia
Justice Mims stole the show at this year's VTLA convention, sharing his reflections on his first year on SCOVA a year to the day after he was sworn in. For some reason, most speakers at the convention chose to focus on the unpleasant, pre-appeal...
Legal Writing Tips: I Am John Roberts and So Can You!
Ross Guberman of Legal Writing Pro has a fun piece, Five Ways to Write Like John Roberts, that's worth checking out. In the essay, Guberman distills five writing lessons from Roberts's brief in Alaska v. EPA. Those lessons are: Let your facts "show, not tell." Add speed...
Recent Articles
Galumbeck v. Lopez: Supreme Court of Virginia Catches Some Waives
The Supreme Court of Virginia handed down 20 published opinions and 1 published order last session. One of those opinions, Galumbeck v. Lopez, contains enough waiver for the entire term. It's the most waiverlicious opinion I can remember seeing since Commonwealth Transportation...
Justice Sotomayor Visits Sesame Street
Justice Sonia Sotomayor dropped by Sesame Street the other day to hear a dispute between Goldilocks and Baby Bear. Enjoy. Thiis may be as close to cameras in the SCOTUS courtroom as we are going to get:
La Fin Absolue du CAV?
Earlier this week, we hosted the Virginia State Bar Appellate Section’s CLE on practicing before the Court of Appeals. The event was a success, but its timing was unfortunate: as James Markels noted in a comment to an earlier post, Senator Creigh Deeds just introduced SB 630, a bill...
Delegate Calls for Study of CAV's Jurisdiction
Interesting news from Richmond: House Joint Resolution 111, sponsored by Delegate Sal Iaquinto (R-Virginia Beach--pictured), would direct the Judicial Council of Virginia to study the jurisdictional capacity of the Court of Appeals. HT: Peter Vieth at Virginia Lawyer's Weekly. In...
January SCV Opinions by the Numbers
The Supreme Court of Virginia handed down a remarkable bath of opinions on Friday. The 20 opinions included 7 dissenting opinions, which is highly unusual for a court previous notable for its consensus. Stranger still, the 12 civil cases generated all 7 dissenting opinions (one case, Weedon v....
What's Weirder than an Unpublished Order?
Here's a question: Is it stranger that the Supreme Court of Virginia decides some cases by unpublished order, or that it publishes any opinions at all? A colleague and I were recently trying to track down a recent unpublished order from the SCV the other day. We weren't having much...
