Virginia's Judicial System


Appeals Granted


Case

VERNON EGGLESTON v. COMMONWEALTH OF VIRGINIA
(Record Number 130693)

From

The Court of Appeals of Virginia

Counsel

Joan J. Burroughs (Office of the Public Defender) and Catherine French (Virginia Indigent Defense Commission) for appellant.

Timothy Martin (Office of the Commonwealth's Attorney) for appellee.

Assignments of Error

  1. The Court of Appeals erred by finding that Eggleston did not comply with Rule 5A:12(c)(1)'s requirement of referring to the pages of the record where his assignments of error were preserved in the trial court, because Eggleston's preservation references were sufficiently "exact."
  2. Given that the preservation reference is not the assignment of error but rather a separate requirement of Rule 5A:12(c), the Court of Appeals erred by finding that Eggleston's assignments of error failed to comply with Rule 5A:12(c) and, therefore, further erred by refusing to consider the case's merits. Alternatively, if the preservation reference is part of the assignment of error, the Court of Appeals erred by denying Eggleston's petition for appeal because the petition should then have been dismissed.
  3. The Court of Appeals erred by finding significant defects as to Eggleston's compliance with Rule 5A:12(c) because any defects with his preservation references were insignificant. The Court of Appeals further erred by denying Eggleston's petition for appeal on procedural grounds where the petition ought to be reviewed on its merits or, alternatively, dismissed so as to allow Eggleston an opportunity to pursue a delayed appeal.

Date Granted

  10-11-2013