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Home / Opinion Digests / Criminal Law / Constitutional Claim Raised Too Late (access required)

Constitutional Claim Raised Too Late (access required)

A defendant waited until the morning of trial to argue the statute under which he was charged – Va. Code § 18.2-370, taking indecent liberties with a minor – was unconstitutionally overbroad, and the Court of Appeal says the issue is procedurally defaulted and will not be considered on appeal. Because the trial court’s written order ...

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