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State court of last resort · ST-VA-SC
Nicholson v. Commonwealth
No. 200356Supreme Court of Virginia
200356 Nicholson v. Commonwealth 06/17/2021 The Court of Appeals of Virginia erred in dismissing an appeal from a conviction for driving on a suspended license, fifth offense, on the basis that the notice of a…
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200356 Nicholson v. Commonwealth 06/17/2021 The Court of Appeals of Virginia erred in dismissing an appeal from a conviction for …
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- June 17, 2021
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200356 Nicholson v. Commonwealth 06/17/2021 The Court of Appeals of Virginia erred in dismissing an appeal from a conviction for driving on a suspended license, fifth offense, on the basis that the notice of appeal was fatally defective. Here, defendant's notice of appeal was sufficient to identify the case being appealed, listing her name, the date of the final order, the court in which the conviction originated, and the correct docket number. Although the notice of appeal incorrectly named the Commonwealth of Virginia rather than the county, that defect was not fatal and was subject to waiver. Here, the county entered a general appearance, thus waiving any defect associated with a failure…
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