Legal Opinion

Epps v. Commonwealth

Supreme Court of Virginia

Decided June 1, 2017No. Record 161002PublishedCited by 6 opinions

1Opinion of the Court

OPINION BY JUSTICE S. BERNARD GOODWYN

In this appeal, we consider whether an indictment returned by a grand jury as a true bill in open court is invalid when the order recording the indictment was not entered until after the trial on the indictment, and no objection was made to the indictment until after trial.

BACKGROUND

On October 27, 2014, a grand jury for the City of Danville returned indictments in open court against Donald K. Epps (Epps) for assault and battery, in violation of Code § 18.2-57, and abduction, in violation of Code § 18.2-47. Epps pled guilty to assault and battery, and not…

2Cases cited6 opinions

  1. Pine v. CommonwealthCourt of Appeals of Virginia · 1917
  2. Hanson v. SmythSupreme Court of Virginia · 1944
  3. Weatherman v. CommonwealthSupreme Court of Virginia · 1895
  4. Simmons v. CommonwealthSupreme Court of Virginia · 1892
  5. Donald Keith Epps v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016

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3Cited by6 opinions

  1. Barksdale v. ClarkeDistrict Court, W.D. Virginia · 2024
  2. Konradt Gunter Tatusko v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2024
  3. Lewis v. ClarkeDistrict Court, E.D. Virginia · 2020
  4. McKinnon v. ClarkeDistrict Court, E.D. Virginia · 2022
  5. Samuel Ellis, Jr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2022

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