Rehearing Granted

Deborah Elkins//March 28, 2014

Home>Criminal Law>

Rehearing Granted

Rehearing Granted

Deborah Elkins//March 28, 2014

PUBLISHED ORDER

The Court of Appeals grants rehearing en banc in Davis v. Commonwealth (VLW 014-7-049), Record No. 1873-12-2. In its panel opinion of Feb. 25, 2014, the panel majority held that in a prosecution arising from a shooting outside a nightclub, in which an assailant fired multiple shots into an occupied vehicle and killed a passenger, a general district court’s acquittal of defendant of the related misdemeanor of reckless handling of a firearm collaterally estopped his subsequent prosecution for first-degree murder and attempted murder. The mandate of the Court of Appeals reversing those two convictions and dismissing the indictment is stayed.

VLW 014-7-049

Virginia Lawyers Weekly
Fulltext Opinions

d

Related Content

Defendant’s stipulation may be enforced in later trial

In an issue of first impression, the court joined other circuits that have unanimously concluded that a distri[...]

June 6, 2023

Missing teeth ‘significant and permanent’ injuries

Where appellant punched the victim several times in the mouth, knocking out one tooth and damaging five more t[...]

June 5, 2023

GPS accuracy expert testimony was cumulative

Where appellant was convicted of breaking and entering, and two petit larceny counts, the trial court correctl[...]

June 5, 2023

Child’s statement admissible as excited utterance

A seven-year-old child’s statement that appellant was going to kill the child’s mother was properly admitt[...]

June 5, 2023

Defendant wins new trial in foreign-agent case

Where the defendant was convicted of acting as an unregistered agent of a foreign government, the district cou[...]

June 1, 2023

Court refuses to excuse defendant’s default

Where a defendant failed to challenge a count during his plea proceedings or on direct appeal, and there were [...]

June 1, 2023

viewpoint

Verdicts & Settlements

See All Verdicts & Settlements

Viewpoint

See All Viewpoint

Polls

How Is My Site?

View Results

Loading ... Loading ...