Preview Mode Links will not work in preview mode

Oral Arguments of the Supreme Court of Virginia


Jun 30, 2019

This podcast is provided by Ben Glass and Steve Emmert

 

www.BenGlassReferrals.com - www.Virginia-Appeals.com

 

Granted Appeal Summary

 

Case

 

ROBERT LEIGH STOLTZ v. COMMONWEALTH OF VIRGINIA (Record Number 181033)

 

From 

 

The Court of Appeals of Virginia.

 

Counsel

 

Jonathan P. Sheldon (Sheldon, Flood & Haywood, PLC) and Thomas B. Walsh (Petrovich & Walsh, PLC) for appellant.

 

Robert H. Anderson, III (Office of the Attorney General) for appellee.

 

Assignment of Error

 

The Court of Appeals erred in affirming the trial court’s error of not finding Va. Code § 18.2-374.3 either unconstitutional facially or as applied in violation of the First Amendment and the Due Process clause of the Fourteenth Amendment to the United States Constitution, where there is no child involved, Stoltz reasonably, objectively and correctly believed that the “child” was actually an adult, the jury indicated they believed him, and yet the jury instructions allowed a guilty verdict despite his actual belief.

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181033.pdf