Tuesday, June 15, 2004

Arguing absurdity fails again, in case regarding jurisdiction of juvenile court after nolle prose in circuit court

In Cook v. Com., the appellant argued that the construction given by the trial court and the Court of Appeals to Va. Code 16.1-271 was "absurd." The Virginia Supreme Court, in an opinion by Justice Lemons, concluded otherwise.

Evidently, appeals directed to the justices' sense of the absurd are unlikely to be successful.

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