Legal Opinion
Smith v. Commonwealth
Court of Appeals of Virginia
Decided November 25, 2003No. 2910021PublishedCited by 6 opinions
1Opinion of the Court
FRANK, Judge.
David Wayne Smith (appellant) was convicted in a jury trial of first-degree murder, in violation of Code § 18.2-32. On appeal, he contends the trial court erred in refusing to grant his motion to suppress the evidence and in failing to recuse herself. For the reasons stated, we affirm the judgment of the trial court.
BACKGROUND
Martin O’Grady, Guenther Dietz, and appellant shared a townhouse located at 4245 Maplehurst Road in Virginia Beach. Sometime during the evening of April 2, 2001 or early morning of April 3rd, O’Grady was awakened by Dietz yelling, “Stop, David. Don’t do it,…
2Cases cited13 opinions
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Nix v. WilliamsSupreme Court of the United States · 1984
- McGee v. CommonwealthCourt of Appeals of Virginia · 1997
- United States v. James Thomas CherryCourt of Appeals for the Fifth Circuit · 1985
- Justus v. CommonwealthSupreme Court of Virginia · 1981
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dotson v. CommonwealthCourt of Appeals of Virginia · 2005
- Carl Lamont Elder, IV v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2004
- Commonwealth v. BerrySalem County Circuit Court · 2004
- Commonwealth v. Christopher Wallace JohnsonCourt of Appeals of Virginia · 2004
- Lee Andrew Graham, II v. CommonwealthCourt of Appeals of Virginia · 2005
1 more not listed; retrieve them via the Exa API.