Virginia's Judicial System


Appeals Granted


Case

COMMONWEALTH OF VIRGINIA v. FELECIA AMOS
(Record Number 130757)

From

The Court of Appeals of Virginia.

Counsel

Kenneth T. Cuccinelli, II and Benjamin H. Katz (Office of the Attorney General) for appellant.

Steven F. Molo, Justin M. Ellis, and Martin V. Totaro (MoloLamken LLP) for appellee.

Assignments of Error

  1. The Court of Appeals erred in determining that appellate review of the defendant's arguments had not been defaulted even though Amos made no objection at the hearing, failed to secure a ruling from the trial court on her motion to vacate, and noted her appeal to the Court of Appeals of Virginia on the very day she filed the motion to vacate.
  2. The Court of Appeals erred in creating a rule of appellate procedure for summary contempt cases by exempting such appellants from the need to comply with Rule 5A:18's requirement that an appellant obtain a ruling by the trial court as a prerequisite to having the argument heard on appeal.

Date Granted

  09-24-2013