Legal Opinion
Martin v. Commonwealth
Court of Appeals of Virginia
Decided January 21, 1992No. Record No. 1707-89-2PublishedCited by 106 opinions
1Opinion
ON REHEARING EN BANC
Opinion
BENTON, J.
Carlish Junnie Martin appeals the trial judge’s refusal to instruct the jury on the elements of simple assault at his trial for attempted capital murder. In a memorandum opinion, a panel of this court concluded that the trial judge did not err. Martin v. Commonwealth, No. 1707-89-2 (Va. App. July 9, 1991). A dissenting opinion was filed to the panel decision. Pursuant to Code § 17-116.02(D), the Court convened en banc to consider the question presented. For the reasons that follow, we reverse the conviction and remand for a new trial.
*526I.
Although the…
2Cases cited16 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Francis v. FranklinSupreme Court of the United States · 1985
- Sansone v. United StatesSupreme Court of the United States · 1965
- Jimenez v. CommonwealthSupreme Court of Virginia · 1991
- Campbell v. CommonwealthCourt of Appeals of Virginia · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- Edwards v. CommonwealthCourt of Appeals of Virginia · 2003
- Neal v. CommonwealthCourt of Appeals of Virginia · 1992
- Lea v. CommonwealthCourt of Appeals of Virginia · 1993
- Boone v. CommonwealthCourt of Appeals of Virginia · 1992
- Hughes v. CommonwealthCourt of Appeals of Virginia · 1994
101 more not listed; retrieve them via the Exa API.