Nelson v. Warden of the Keen Mountain Correctional Center

I respectfully dissent. Today, although expressly acknowledging “ ‘[o]ur strong adherence to the doctrine of stare decisis,’ ” a new majority of this Court overrules our prior decision in David Moore v. Commonwealth, 259 Va. 431, 527 S.E.2d 406 (2000), after concluding that decision is “flawed by our failure to recognize that, in the legal and factual framework in which the decision was made, a dif*286ferent outcome should have resulted from the distinction we drew between subject matter jurisdiction and the authority to exercise that jurisdiction.” The new majority reasons that “the different…