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Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
University of Richmond Law Review
In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth's Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former …
Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal
Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal
University of Richmond Law Review
Reversing a recent trend, the past year was relatively quiet with respect to search and seizure cases. The United States Supreme Court decided two cases dealing with open fields and the curtilage of a dwelling. Dow Chemical Co. v. United States held that the open areas of an industrial plant complex with numerous plant structures spread over an area of 2,000 acres are not analogous to the "curtilage" of a dwelling for purposes of aerial surveillance; such an industrial complex "is more comparable to an open field and as such is open to the view and observation of persons in …