NICHOLSON v. COMMONWEALTH

Record No. 200356.

858 S.E.2d 821 (2021)

Samantha Ann NICHOLSON v. COMMONWEALTH of Virginia, et al.

Supreme Court of Virginia.

June 17, 2021.


Attorney(s) appearing for the Case

Eric S. Fleming , Richmond, ( Jonathan T. Blank , Charlottesville; Travis C. Gunn , Richmond; Charles L. Weber, Jr. , Charlottesville; McGuireWoods, on briefs), for appellant.

Michelle S. Kallen , Deputy Solicitor General ( Mark R. Herring , Attorney General; Toby J. Heytens , Solicitor General; K. Scott Miles , Deputy Attorney General; Jessica Merry Samuels , Deputy Solicitor General; Craig Stallard ; Assistant Attorney General; Kendall T. Burchard , John Marshall Fellow, on brief), for appellees.

Amicus Curiae: Virginia Poverty Law Center ( M. Bryan Slaughter ; David W. Thomas ; Michie Hamlett, on brief), in support of appellant.

Amici Curiae: Virginia Trial Lawyers Association, Virginia Bar Association, Old Dominion Bar Association, and Virginia Association of Criminal Defense Lawyers ( Gobind S. Sethi , Reston; Samantha K. Sledd , Reston; Nathan J.D. Veldhuis , Henrico; Hall & Sethi; Harris Law, on brief), in support of appellant.

PRESENT: Lemons, C.J., Goodwyn, Mims, Powell, Kelsey, and McCullough, JJ., and Millette, S.J.


Samantha Ann Nicholson was convicted of driving on a suspended license, fifth offense. The Court of Appeals of Virginia dismissed Nicholson's appeal on the basis that her notice of appeal was fatally defective. Nicholson appeals from that decision, contending that her notice of appeal was adequate. For the...

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