Legal Opinion
Commonwealth v. Peterson
Court of Appeals of Virginia
Decided December 21, 1992No. Record No. 1428-92-4PublishedCited by 37 opinions
1Opinion of the Court
Opinion
BARROW, J.
The Commonwealth argues in this appeal that the trial judge erred in suppressing statements made by the defendant while in an ambulance en route to the hospital. For the reasons stated below, we hold that the defendant’s statements were not made voluntarily and affirm the decision of the trial court.
The Commonwealth has the burden of proving by a preponderance of the evidence that a defendant’s statements are voluntary. Stockton v. Commonwealth, 227 Va. 124, 140, 314 S.E.2d 371, 381, cert. denied, 469 U.S. 873 (1984). Whether a statement is voluntary is ultimately a legal…
2Cases cited10 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Colorado v. ConnellySupreme Court of the United States · 1986
- Miller v. FentonSupreme Court of the United States · 1985
- Bottoson v. FloridaSupreme Court of the United States · 1984
- Commonwealth v. GrimsteadCourt of Appeals of Virginia · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Washington v. CommonwealthCourt of Appeals of Virginia · 2004
- Rodriguez v. CommonwealthCourt of Appeals of Virginia · 2003
- Cary v. CommonwealthCourt of Appeals of Virginia · 2003
- Sellers v. CommonwealthCourt of Appeals of Virginia · 2003
- Abdul K. Lee v. CommonwealthCourt of Appeals of Virginia · 2004
32 more not listed; retrieve them via the Exa API.