Legal Opinion

Commonwealth v. Smith

Charlottesville County Circuit Court

Decided November 23, 1998No. Case No. (Criminal) 97-300Published

1Opinion of the Court

By Judge Edward l. Hogshire

After sentencing, the Defendant has moved the Court to reconsider its original ruling denying bond pending appeal. After reviewing the authorities submitted by both parties, the Court concludes that it lacks jurisdiction over this matter.

Discussion of Authorities

The Defendant concedes that more than twenty-one days have elapsed since the Court’s sentencing. Therefore, Rule 1:1 would preclude the Court ftom exercising further jurisdiction over the matter. Defendant responds, however, by pointing out that no written order has been entered denying the bond and that die…

2Cases cited3 opinions

  1. School Board v. Caudill Rowlett Scott, Inc.Supreme Court of Virginia · 1989
  2. D'Alessandro v. CommonwealthCourt of Appeals of Virginia · 1992
  3. Niklason v. RamseySupreme Court of Virginia · 1987

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