Bill and Dusty have significant experience in the drafting of appeals and arguing before the Virginia Court of Appeals and Supreme Court. Bill and Dusty both served as the Appellate Coordinator for the Arlington Office of the Public Defender, and have received specific and specialized training in appellate procedure and argument. Additionally, Dusty lectures on Appellate case law updates to member attorneys of the local bar association.
Experience counts in Appeals. Following an adverse trial ruling, counsel for the defendant files a petition for appeal. Of these petitions less than 1 in 10 reaches the stage of a brief to be heard by the Court of Appeals. Failure to meet exacting deadlines and procedural requirements often leads to a default and the case is dismissed without a hearing.
Beginning with our first client meeting we explain the appellate process and review likely bases of appeal. Upon retaining our services we painstakingly review the trial record, conduct detailed legal research and produce a compelling written petition or brief. On each appeal we represent clients before the Virginia Court of Appeals and Supreme Court in oral argument to dismiss or remand the case.
In addition to dozens of petitions filed, below are individual cases briefed before the Virginia Court of Appeals and Supreme Court
**Note that in Reynolds v. Commonwealth, despite that neither the Virginia trial court, nor Virginia appellate courts would agree with our arguments that the police violated the Fourth Amendment in the prosecution of our client, ultimately the Supreme Court of the United States agreed with our positions that tracking an individual by attaching a GPS device to one's vehicle or obtaining the individual's cell phone location information without a warrant violates the Fourth Amendment. The courts don't always get it right, and we are here to defend your interests until they do.