Hubbard v. Commonwealth

I agree with the concurring opinion that the majority’s application of a rule of purely appellate procedure in this case results in a “manifest unfairness to the defendant in a criminal case.” However, I do not agree that the doctrine of stare decisis binds us to perpetuate this manifest unfairness.

I recognize that the doctrine of stare decisis is more than “a mere cliche” in Virginia. Selected Risks Ins. Co. v. Dean, 233 Va. 260, 265, 355 S.E.2d 579, 581 (1987). Whenever possible it ought to be applied because it gives stability and predictability to the laws by which people regulate their…