Robert Nelson, Jr. v. Warden of the Keen Mountain Correctional Center, 262 Va. 276

Summary

The Supreme Court of Virginia held that failure to notify a juvenile's parent of juvenile-court proceedings rendered the resulting adult convictions voidable rather than void when the error was not timely preserved. The Court overruled David Moore v. Commonwealth to the extent it treated the notice requirement as jurisdictional and held that Nelson's habeas petition was barred by waiver. Several justices dissented, maintaining that the convictions were void and subject to collateral attack.

Holdings

1. Under the statutory framework applicable to Nelson's 1985 offenses, failure to notify a parent was procedural rather than jurisdictional; the resulting convictions were voidable, not void, and the defect could be waived by failure to object.
2. David Moore v. Commonwealth was overruled to the extent it held that failure to comply with parental-notice requirements rendered subsequent convictions void and nonwaivable.
3. Nelson waived the lack-of-notice error by failing to raise it timely, and his habeas petition was dismissed.

Questions Presented

1. Whether failure to notify a juvenile's parent of the initiation of juvenile proceedings renders subsequent circuit-court convictions void or merely voidable.
2. Whether the failure to raise the lack-of-notice issue in a timely manner waived the alleged error.
3. Whether Nelson's habeas petition was barred by the habeas statute of limitations in Code § 8.01-654(A)(2).
4. Whether David Moore v. Commonwealth and Baker v. Commonwealth should be overruled or limited.

Disposition

dismissed