Steve Whitt v. Commonwealth of Virginia

PETTY, J., with whom FRANK, HUMPHREYS, and HUFF, JJ., join,

concurring, in part, and dissenting, in part.

*663In this appeal, we address whether the appellant, Steve Whitt, failed to comply with the requirements of Rule 5A: 12(c)(1) in his petition for appeal, and if so, whether such failure requires us to dismiss his appeal. I agree with the majority that Whitt failed to comply with Rule 5A:12(c)(l). Unlike the majority, however, I do not agree that the petition may be amended after the deadline for filing has passed. Therefore, I conclude that the express language of Rule 5A:12(c) coupled with…