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AG: Court need not identify justices who denied appeal (access required)

Writ panels of the Supreme Court of Virginia are within their authority to cloak their identities, according to an opinion from Attorney General Ken Cuccinelli. Cuccinelli responded to an inquiry from Del. James Shuler, D-Blacksburg, who related the frustration of a curious litigant.  The litigant received the typical order denying an appeal, ...

One comment

  1. There is an easy solution to this problem: Request Oral Argument. While it is true that the Court denys many writs for procedural reasons, if the petition is considered on the merits, the appellant has the right to appear before a panel of the Justices — thus, the appellant will know which Justices (and usually a Senior Justice) denied the appeal. Even where oral argument is not allowed or waived, the appellant can request a rehearing that will be considered by all the active members of the Court — and if it is refefused, the appellant will then clearly know which Justices refused the appeal – - – ALL OF THEM!

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