Legal Opinion

Rushing v. Commonwealth

Court of Appeals of Virginia

Decided July 26, 2011No. 0723101PublishedCited by 5 opinions

1Opinion of the Court

KELSEY, Judge.

A jury convicted Christian Lee Rushing of participating in a criminal street gang in violation of Code § 18.2-46.2(A). On appeal, Rushing asserts a single assignment of error challenging the sufficiency of the evidence and requesting we reverse his conviction and dismiss the charge. Finding the evidence sufficient, we affirm.

I

On appeal, we review the evidence in the “light most favorable” to the Commonwealth. Commonwealth v. Hudson, 265 Va. 505, 514, 578 S.E.2d 781, 786 (2003). This principle requires us to “discard the evidence of the accused in conflict with that of the…

2Cases cited44 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. Castro v. United StatesSupreme Court of the United States · 2003
  4. Lockhart v. NelsonSupreme Court of the United States · 1988
  5. McDaniel v. BrownSupreme Court of the United States · 2010

39 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Rushing v. Com.Supreme Court of Virginia · 2012
  2. Atkins v. CommonwealthCourt of Appeals of Virginia · 2009
  3. Smith v. CommonwealthCourt of Appeals of Virginia · 2012
  4. Jamar Paxton v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2024
  5. Rushing v. CommonwealthCourt of Appeals of Virginia · 2011

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