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State court of last resort · ST-VA-SC
Roberson v. Commonwealth
No. 091299Supreme Court of Virginia
091299 Roberson v. Commonwealth 02/25/2010 In an attempted appeal after defendant was convicted for driving under the influence of alcohol pursuant to a local ordinance, the appeal was procedurally barred beca…
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091299 Roberson v. Commonwealth 02/25/2010 In an attempted appeal after defendant was convicted for driving under the influence o…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- February 25, 2010
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091299 Roberson v. Commonwealth 02/25/2010 In an attempted appeal after defendant was convicted for driving under the influence of alcohol pursuant to a local ordinance, the appeal was procedurally barred because the notice of appeal failed to name the locality, an indispensable party, as the appellee. The appellant's contention that the conviction was obtained under a state statute and, thus, the notice of appeal properly named the Commonwealth as the appellee, is rejected. The rationale of the Court of Appeals is not accepted, but the conclusion of that Court that it did not have jurisdiction over the appeal is upheld. The judgment dismissing the appeal is affirmed.
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· Supreme Court of Virginia
AffirmedDismissed
The court's record, as written
091299 Roberson v. Commonwealth 02/25/2010 In an attempted appeal after defendant was convicted for driving under the influence of alcohol pursuant to a local ordinance, the appeal was procedurally barred because the notice of appeal failed to name the locality, an indispensable party, as the appellee. The appellant's contention that the conviction was obtained under a state statute and, thus, the notice of appeal properly named the Commonwealth as the appellee, is rejected. The rationale of the Court of Appeals is not accepted, but the conclusion of that Court that it did not have jurisdiction over the appeal is upheld. The judgment dismissing the appeal is affirmed.
Outcome words in this text: dismissing, affirmed.
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