Findlay v. Commonwealth, 287 Va. 111

Summary

The Supreme Court of Virginia held that Richard Gordon Findlay’s assignment of error sufficiently complied with Rule 5A:12(c)(1) because it identified the trial court’s denial of his motion to suppress. The Court reversed the Court of Appeals’ dismissal of the petition for appeal and remanded for review on the merits.

Holdings

1. An assignment of error that identifies a particular preliminary ruling of the trial court as erroneous is sufficiently detailed under Rule 5A:12(c)(1); it need not also state precisely why the ruling was erroneous or include a separate 'because' clause.
2. The Court of Appeals erred in dismissing Findlay's petition for appeal for failure to comply with Rule 5A:12(c), and the case must be remanded for review of the petition on the merits.

Questions Presented

1. Whether Findlay's assignment of error, identifying the trial court's denial of his motion to suppress and citing the preservation page, was sufficiently specific under Rule 5A:12(c)(1).
2. Whether the Court of Appeals erred by dismissing Findlay's petition for appeal rather than addressing the merits of his suppression challenge.

Disposition

reversed_and_remanded