Legal Opinion
Patrick Franklin Graves, Jr. v. Commonwealth of Virginia
Court of Appeals of Virginia
Decided January 12, 2016No. 2344141PublishedCited by 20 opinions
1Opinion of the Court
DECKER, Judge.
Patrick Franklin Graves, Jr., appeals his conviction by a jury for the felony of eluding law enforcement, in violation of Code § 46.2-817. On appeal, he asserts that the trial court erred by instructing the jury on the inference that may be drawn from a defendant’s flight. We hold that because of the unique nature of the charged offense it was error to instruct the jury separately on flight from the officer. We also hold, however, that the error was harmless. Accordingly, we affirm the appellant’s conviction.
I. BACKGROUND
On October 23, 2013, Officer Ryan Franz, of the City of…
2Cases cited27 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Clay v. CommonwealthSupreme Court of Virginia · 2001
- Porter v. Com.Supreme Court of Virginia · 2008
- Clagett v. CommonwealthSupreme Court of Virginia · 1996
- Molina v. CommonwealthSupreme Court of Virginia · 2006
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3Cited by20 opinions
- Justin Godfrey Fahringer v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
- Jose Canales Granados v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2021
- Bernardo John Raigoza v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
- David Miller Frizzell v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
- Dilliraj Bista v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2023
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