Legal Opinion
Small v. Commonwealth
Supreme Court of Virginia
Decided July 14, 2016No. Record 150965PublishedCited by 7 opinions
1Opinion of the Court
OPINION BY JUSTICE CLEO E. POWELL
Irving Thomas Small ("Small") was charged with possession of a firearm after conviction of a felony, in violation of Code § 18.2-308.2. He entered a guilty plea on November 10, 2010. Small thereafter moved to withdraw his guilty plea prior to sentencing. The trial court denied the motion and the Court of Appeals affirmed the judgment of the trial court. On appeal, Small argues that the trial court and Court of Appeals erred because he made a material mistake of fact in pleading guilty and should have asserted the defense of necessity.
I. BACKGROUND
At Small's…
2Cases cited16 opinions
- United States v. BarkerCourt of Appeals for the D.C. Circuit · 1975
- United States v. Arch A. Moore, Jr.Court of Appeals for the Fourth Circuit · 1991
- United States v. Arthur Ronald Crittendon A/K/A Jabbar Muwakkil RagibCourt of Appeals for the Fourth Circuit · 1989
- McGhee v. CommonwealthSupreme Court of Virginia · 1978
- Michael Joseph Paradiso and Anthony Richard Bonnacci v. United StatesCourt of Appeals for the Third Circuit · 1973
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3Cited by7 opinions
- Francisco Hernandez, s/k/a Francisco Alberto Hernandez v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2016
- Franklin Lee Thomason, Jr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2018
- Askia Cuff v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2017
- Commonwealth v. HollandSupreme Court of Virginia · 2025
- Commonwealth v. HollandSupreme Court of Virginia · 2025
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