Legal Opinion

Gaines v. Commonwealth

Court of Appeals of Virginia

Decided May 21, 2002No. Record 0839-01-1PublishedCited by 4 opinions

1Opinion of the Court

ANNUNZIATA, Judge.

Christopher Charles Gaines appeals his jury trial convictions for involuntary manslaughter and use of a firearm during the commission of a felony. He argues that the trial court erred by 1) refusing his proffered jury instruction regarding the use of a firearm in the commission of a felony, and 2) denying his motion to set aside the conviction for use of a firearm in the commission of a felony. For the reasons that follow, we agree and reverse his conviction.

BACKGROUND

On October 19, 1999, Gaines arranged to purchase marijuana from Zachary Kipps. Kipps purchased the…

2Cases cited11 opinions

  1. United States v. PowellSupreme Court of the United States · 1984
  2. Darnell v. CommonwealthCourt of Appeals of Virginia · 1988
  3. Pugliese v. CommonwealthCourt of Appeals of Virginia · 1993
  4. Turner v. CommonwealthCourt of Appeals of Virginia · 1996
  5. Lynn v. CommonwealthCourt of Appeals of Virginia · 1998

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3Cited by4 opinions

  1. Gaines v. CommonwealthCourt of Appeals of Virginia · 2003
  2. Commonwealth v. ScottVirginia Circuit Court · 2002
  3. Gaines v. CommonwealthCourt of Appeals of Virginia · 2003
  4. Gaines v. CommonwealthCourt of Appeals of Virginia · 2002

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