Orange v. Commonwealth — upheld Virginia’s firearm ban as applied to a person convicted of forgery
Case Rebecca Sue Orange v. Commonwealth of Virginia Court Court of Appeals of Virginia Judge Stuart A. Raphael (elected 2021)
Uncategorized
Constitutional
Uncategorized
Scott v. Commonwealth of Virginia — Affirmed conviction; retrial cured Brady violation, no dismissal required
Case Rayshawn Scott v. Commonwealth of Virginia Court Court of Appeals of Virginia Judge Daniel E. Ortiz (Virginia General Assembly,
Uncategorized
Scott v. Commonwealth — Brady Remedy Is New Trial, Not Dismissal; Retrial Cured Due Process Harm From Undisclosed Witness Deal
The Virginia Court of Appeals affirmed a murder conviction obtained at retrial after a Brady violation, holding that dismissal of an indictment is available only where the violation causes irreparable prejudice or reflects a pattern of egregious prosecutorial misconduct—neither of which was present here where retrial gave the defense full opportunity to cross-examine the affected witness on the undisclosed agreement. The court also held that a Brady violation alone does not disqualify the prosecutor’s entire office.