Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 Virginia opinions name it 1 courts 1996–2023 2 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Yarborough v. Commonwealthgreen2 sentences2004In order to support Breeden’s conviction under Code § 18.2-53.1, the Commonwealth had to prove Breeden “actually had a firearm in his possession and that he used or attempted to use the firearm or displayed the firearm in a threatening manner while committing or attempting to commit [rape].” Yarborough v. Commonwealth, 247 Va. 215, 218 , 441 S.E.2d 342, 344 (1994). *181 As noted above, the record reveals that Breeden was holding the gun the entire time. 2004In order to support Breeden’s conviction under Code § 18.2-53.1, the Commonwealth had to prove Breeden “actually had a firearm in his possession and that he used or attempted to use the firearm or displayed the firearm in a threatening manner while committing or attempting to commit [rape].” Yarborough v. Commonwealth, 247 Va. 215, 218 , 441 S.E.2d 342, 344 (1994). *181 As noted above, the record reveals that Breeden was holding the gun the entire time. | 3 | 3 |
Bullock v. Commonwealthgreen2 sentences2023Bullock v. Commonwealth, 48 Va. App. 359, 377-78 (2006). 2012Id. at 377-78, 631 S.E.2d at 343 (emphasis added). | 2 | 2 |
Rowland v. Com.green2 sentences2012“As relevant to this case, Code § 18.2-53.1 requires that the defendant use, attempt to use, or display in a threatening manner a firearm while committing burglary.” Rowland v. Commonwealth, 281 Va. 396, 400-01 , 707 S.E.2d 331, 333 (2011). 2012“As relevant to this case, Code § 18.2-53.1 requires that the defendant use, attempt to use, or display in a threatening manner a firearm while committing burglary.” Rowland v. Commonwealth, 281 Va. 396, 400-01 , 707 S.E.2d 331, 333 (2011). | 1 | 1 |
Davis v. Beasley Timber Co., Inc.green1 sentence2006See generally Hopson v. Commonwealth, 15 Va. App. 749, 752-53 , 527 S.E.2d 221, 223 (1993) (holding that where the “evidence did not prove the underlying felony, the firearm conviction cannot stand”). -9- | 1 | 1 |
Hopson v. Commonwealthgreen1 sentence2006See generally Hopson v. Commonwealth, 15 Va. App. 749, 752-53 , 527 S.E.2d 221, 223 (1993) (holding that where the “evidence did not prove the underlying felony, the firearm conviction cannot stand”). -9- | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kimberly Paul Barney v. Commonwealth of Virginia
green
1 sentence2021There the Court held that the evidence was sufficient to support appellant’s initial two convictions under Code § 18.2-53.1. 69 Va. App. at 616 . | 1 | 2021–2021 |
Powell v. Com.
green
2 sentences2011In Powell v. Commonwealth, 268 Va. 233 , 602 S.E.2d 119 (2004), no firearm was displayed or seen by the victims, yet Powell informed them he had a pistol in his pocket, kept his hand in his pocket, and threatened to hurt the victims if they did not cooperate. 2011In Powell v. Commonwealth, 268 Va. 233 , 602 S.E.2d 119 (2004), no firearm was displayed or seen by the victims, yet Powell informed them he had a pistol in his pocket, kept his hand in his pocket, and threatened to hurt the victims if they did not cooperate. | 1 | 2011–2011 |
Miller v. Commonwealth
green
2 sentences2006In Miller v. Commonwealth, 22 Va. App. 497 , 471 S.E.2d 780 (1996), we reviewed a sentence imposed upon a defendant who had been convicted as a second or subsequent offender, pursuant to Code § 18.2-53.1. 2006In Miller v. Commonwealth, 22 Va. App. 497 , 471 S.E.2d 780 (1996), we reviewed a sentence imposed upon a defendant who had been convicted as a second or subsequent offender, pursuant to Code § 18.2-53.1. | 1 | 2006–2006 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.