Supreme Court of Virginia
Robert Lee Jay v. Commonwealth of Virginia. Darius Tremayne James v. Commonwealth of Virginia.
April 18, 2008275 Va. 510
Summary
The Supreme Court of Virginia held that the Court of Appeals erred by treating Rule 5A:20(e)'s briefing requirements as jurisdictional and dismissing portions of the appeals for noncompliance. The court remanded Jay's breaking-and-entering challenge and James's conspiracy challenge for consideration under the proper procedural framework. It also held that the evidence was insufficient to prove James committed an overt act toward attempted robbery, requiring reversal of his attempted-robbery and related firearm convictions.