Legal Opinion · Dissent

Edwards v. Commonwealth

Court of Appeals of Virginia

Decided May 27, 2008No. Record 0894-07-2Published

1DissentBeales, J.

I respectfully dissent. I believe that the evidence in this case supports the trial court’s factual conclusion that appellant’s purse fit within the definition of “outfit” that we articulated in Mercer v. Commonwealth, 29 Va.App. 380, 512 S.E.2d 173 (1999).

As a preliminary matter, the majority applies a de novo standard of review to decide this issue, citing Williams v. Commonwealth, 50 Va.App. 337, 340, 649 S.E.2d 717, 718 (2007). In Williams, this Court reviewed de novo the term “implement,” found in the same statute at issue in this case, Code § 18.2-94, and defined that term for the first…

2Cases cited6 opinions

  1. Burnette v. CommonwealthSupreme Court of Virginia · 1953
  2. Lee County v. Town of St. CharlesSupreme Court of Virginia · 2002
  3. Moss v. CommonwealthCourt of Appeals of Virginia · 1999
  4. Mercer v. CommonwealthCourt of Appeals of Virginia · 1999
  5. Williams v. CommonwealthCourt of Appeals of Virginia · 2007

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