Clark v. Com., 481 S.E.2d 495 (Va. Ct. App. 1997). · Go Syfert
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Clark v. Com., 481 S.E.2d 495 (Va. Ct. App. 1997). Cases Citing This Book View Copy Cite
25 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Lane Matthew Stegall, s/k/a Lane Stegall, Jr. v. Commonwealth of Virginia (vactapp, 2010-04-06)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 3 distinct citers.
discussed Cited as authority (rule) Lane Matthew Stegall, s/k/a Lane Stegall, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2010 · confidence medium
But this is essentially the same argument made by the Clark dissent, Clark, 22 Va. App. at 678-84 , 481 S.E.2d at 665-67 (Benton, J., dissenting), and was necessarily rejected both by the panel majority in that case and again by this Court en banc.
discussed Cited "see" United States v. Cesar Bernel-Aveja
5th Cir. · 2016 · signal: see · confidence high
See Clark v. Commonwealth, 22 Va.App. 673 , 472 S.E.2d 663, 663 (Va. 1996), on reh’g, 24 Va.App, 253, 481 S.E.2d 495 (Va. 1997) (affirming burglary conviction when defendant entered store at night while it was open for business and committed theft while what appeared to be the butt of a gun was showing from his pocket; the court reasoned “[w]e hold that under Code § 18,2-90, a person who enters a store intending to commit robbery therein, enters the store unlawfully,”); id. at 677 ("We reiterate our holding in Johns that ‘[i]t would be an impeachment of the common sense of mankind to …
discussed Cited "see" United States v. Norman Membreno-David (2×)
5th Cir. · 2016 · signal: see · confidence high
See Clark v. Commonwealth, 22 Va.App. 673 , 472 S.E.2d 663 (1996), aff'd on reh’g en banc, 24 Va.App. 253 , 481 S.E.2d 495 (1997).
Timothy CLARK, s/k/a Timothy Lamont Clark, Appellant,
v.
COMMONWEALTH of Virginia, Appellee.
2248943.
Court of Appeals of Virginia.
Feb 25, 1997.
481 S.E.2d 495
Moon, C.J., and Baker, Benton, Coleman, Willis, Bray, Fitzpatrick, Annunziata and Overton.
Published

Robert Bryan Haskins, Dry Fork (Turner, Haskins & Whitfield, Chatham, on brief), for appellant.

Monica S. McElyea, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.

Before MOON, C.J., and BAKER, BENTON, COLEMAN, WILLIS, BRAY, FITZPATRICK, ANNUNZIATA and OVERTON, JJ.

Upon Rehearing En Banc

By opinion dated July 16, 1996, a majority of a panel of this Court affirmed the decision of the trial court. Clark v. Commonwealth, 22 Va.App. 673, 472 S.E.2d 663 (1996). Upon motion of Timothy Clark, we granted a rehearing en banc. Upon such rehearing, the judgment of the trial court is affirmed for those reasons set forth in the panel's majority opinion, and accordingly, the stay of this Court's July 16, 1996 mandate is lifted.

[*496] Judge Benton would reverse the judgment of the trial court for those reasons set forth in the panel's dissenting opinion. See id. at 678, 472 S.E.2d at 665 (Benton, J., dissenting).

It is ordered that the trial court allow counsel for the appellant an additional fee of $200 for services rendered the appellant on the rehearing portion of this appeal, in addition to counsel's costs and necessary direct out-of-pocket expenses. This amount shall be added to the costs due the Commonwealth in the July 16, 1996 mandate.

This order shall be published and certified to the trial court.