Overturning Precedent: A Major Win in the Court of Appeals

December 5, 2024
By: Chris Holinger

On December 3, 2024, Davis, Burch & Abrams achieved a significant win for one of our appellate clients.  In the case of Jennings v. Commonwealth, our firm’s lead appellate lawyer Chris Holinger, supported by the entire DBA team, convinced the Court of Appeals of Virginia to overturn a long-standing precedent and correct a major error of statutory interpretation, sparing our client from a 2-year mandatory minimum jail sentence.  

Ordinarily, when a juvenile is adjudicated “guilty” or “delinquent” in a juvenile court, for conduct committed as a juvenile, that finding does not carry long-term “adult” consequences.  But for over 20 years, because of a mis-interpretation of part of Virginia’s “Felon in Possession” statute (Code 18.2-308.2(A)), individuals in Virginia with only juvenile adjudications in their criminal history were being subjected to mandatory minimum jail sentences for illegal firearm possession.  Arguing that the controlling precedent (Carter v. Commonwealth, 38 Va. App. 116 (2002)) was wrongly decided, Chris convinced the full Court of Appeals that, properly interpreted, the statute requires an individual to have a prior felony conviction as an adult before the mandatory minimum sentence may be imposed.  Our client, who was facing 2 years in jail under the old interpretation of the statute, will now be re-sentenced without that mandatory minimum.

Although this criminal case had nothing to do with commercial litigation, business transactions, or patents & trademarks, it illustrates the versatility of our firm.  Chris is a skilled advocate in the complex environment of Appellate Law.  He has mastered the unique rules in the Court of Appeals and Supreme Court, and his top-notch research, writing, and oral advocacy skills make him a strong advocate for a case in almost any area of law. He advises attorneys before and during trial on how to prepare for an appeal, including (as in this case) ensuring that all necessary arguments are presented to the trial court. Don’t wait until your case is over to call him, as most successful appeals require careful work at trial as well.