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5 Virginia opinions name it 1 courts 2002–2020 0 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 |
|---|---|---|
United States v. Douglas Lee Dunford, Sr.green1 sentence2019See generally Dunford, 148 F.3d at 389-99 (holding that ammunition stored with firearms supported only one conviction of illegal possession of “any firearm or ammunition”). | 1 | 1 |
Frias v. Commonwealthgreen2 sentences2003“Interpretations that ‘rewrite statutes’ are not permitted.” Johnson v. Commonwealth, 37 Va.App. 634, 640 , 561 S.E.2d 1, 4 (2002) (quoting Frias v. Commonwealth, 34 Va.App. 193, 199 , 538 S.E.2d 374, 376 (2000)). *585 Mouberry also argues that § 18.2-14 conflicts with the trial court’s construction of the punishment provisions of § 18.2-308.2(A). 2003“Interpretations that ‘rewrite statutes’ are not permitted.” Johnson v. Commonwealth, 37 Va.App. 634, 640 , 561 S.E.2d 1, 4 (2002) (quoting Frias v. Commonwealth, 34 Va.App. 193, 199 , 538 S.E.2d 374, 376 (2000)). *585 Mouberry also argues that § 18.2-14 conflicts with the trial court’s construction of the punishment provisions of § 18.2-308.2(A). | 1 | 1 |
Johnson v. Commonwealthgreen2 sentences2003“Interpretations that ‘rewrite statutes’ are not permitted.” Johnson v. Commonwealth, 37 Va.App. 634, 640 , 561 S.E.2d 1, 4 (2002) (quoting Frias v. Commonwealth, 34 Va.App. 193, 199 , 538 S.E.2d 374, 376 (2000)). *585 Mouberry also argues that § 18.2-14 conflicts with the trial court’s construction of the punishment provisions of § 18.2-308.2(A). 2003“Interpretations that ‘rewrite statutes’ are not permitted.” Johnson v. Commonwealth, 37 Va.App. 634, 640 , 561 S.E.2d 1, 4 (2002) (quoting Frias v. Commonwealth, 34 Va.App. 193, 199 , 538 S.E.2d 374, 376 (2000)). *585 Mouberry also argues that § 18.2-14 conflicts with the trial court’s construction of the punishment provisions of § 18.2-308.2(A). | 1 | 1 |
Shinault v. Commonwealthgreen2 sentences2002Shinault v. Commonwealth, 228 Va. 269, 271 , 321 S.E.2d 652, 654 (1984). “[I]f a person may be convicted of an offense under another jurisdiction’s statute for conduct which might not result in a conviction under [the Virginia Code], the statutes are not “ ‘substantially conforming.’ ” Cox v. Commonwealth, 13 Va.App. 328, 330-31 , 411 S.E.2d 444, 446 (1991). 4 *861 The prior conviction in issue here resulted from a violation of Article 130, UCMJ, 10 U.S.C. § 930 (1998), which proscribes “unlawful[ ] ent[ry] [into] the building or structure of another with intent to commit a criminal offense th 2002Shinault v. Commonwealth, 228 Va. 269, 271 , 321 S.E.2d 652, 654 (1984). “[I]f a person may be convicted of an offense under another jurisdiction’s statute for conduct which might not result in a conviction under [the Virginia Code], the statutes are not “ ‘substantially conforming.’ ” Cox v. Commonwealth, 13 Va.App. 328, 330-31 , 411 S.E.2d 444, 446 (1991). 4 *861 The prior conviction in issue here resulted from a violation of Article 130, UCMJ, 10 U.S.C. § 930 (1998), which proscribes “unlawful[ ] ent[ry] [into] the building or structure of another with intent to commit a criminal offense th | 1 | 1 |
Cox v. Commonwealthgreen2 sentences2002Shinault v. Commonwealth, 228 Va. 269, 271 , 321 S.E.2d 652, 654 (1984). “[I]f a person may be convicted of an offense under another jurisdiction’s statute for conduct which might not result in a conviction under [the Virginia Code], the statutes are not “ ‘substantially conforming.’ ” Cox v. Commonwealth, 13 Va.App. 328, 330-31 , 411 S.E.2d 444, 446 (1991). 4 *861 The prior conviction in issue here resulted from a violation of Article 130, UCMJ, 10 U.S.C. § 930 (1998), which proscribes “unlawful[ ] ent[ry] [into] the building or structure of another with intent to commit a criminal offense th 2002Shinault v. Commonwealth, 228 Va. 269, 271 , 321 S.E.2d 652, 654 (1984). “[I]f a person may be convicted of an offense under another jurisdiction’s statute for conduct which might not result in a conviction under [the Virginia Code], the statutes are not “ ‘substantially conforming.’ ” Cox v. Commonwealth, 13 Va.App. 328, 330-31 , 411 S.E.2d 444, 446 (1991). 4 *861 The prior conviction in issue here resulted from a violation of Article 130, UCMJ, 10 U.S.C. § 930 (1998), which proscribes “unlawful[ ] ent[ry] [into] the building or structure of another with intent to commit a criminal offense th | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Acey v. Commonwealth
green
1 sentence2020The Court based its holding in Groffel on the reasoning from this Court’s earlier decision in Acey v. Commonwealth, 29 Va. App. 240 (1999). | 1 | 2020–2020 |
Carter v. Commonwealth
green
2 sentences2006Appellant next argues the trial court erred by sentencing him pursuant to the mandatory punishment provision of Code § 18.2-308.2 because it does not apply to adjudications of delinquency.2 Our decision in Carter v. Commonwealth, 38 Va. App. 116 , 562 S.E.2d 331 (2002), controls the disposition of this issue. 2006Appellant next argues the trial court erred by sentencing him pursuant to the mandatory punishment provision of Code § 18.2-308.2 because it does not apply to adjudications of delinquency.2 Our decision in Carter v. Commonwealth, 38 Va. App. 116 , 562 S.E.2d 331 (2002), controls the disposition of this issue. | 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.