Legal Opinion

Auer v. Commonwealth

Court of Appeals of Virginia

Decided October 25, 2005No. 0851041PublishedCited by 30 opinions

1Opinion of the Court

CLEMENTS, Judge.

Bryan David Auer was convicted by a jury of aggravated involuntary manslaughter, in violation of Code § 18.2-36.1, and driving under the influence of alcohol (DUI), in violation of Code § 18.2-266. On appeal, Auer contends the trial court erred during the punishment phase of his trial by admitting into evidence his prior misdemeanor conviction under a city ordinance for DUI. Finding no error, we affirm the trial court’s judgment.

I. BACKGROUND

On August 4, 2003, Auer was indicted by a grand jury for aggravated involuntary manslaughter and DUI, second offense. On the…

2Cases cited34 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Federal Election Commission v. Massachusetts Citizens for Life, Inc.Supreme Court of the United States · 1986
  3. Federal Land Bank of St. Paul v. Bismarck Lumber Co.Supreme Court of the United States · 1941
  4. Blain v. CommonwealthCourt of Appeals of Virginia · 1988
  5. Helvering v. Morgan's, Inc.Supreme Court of the United States · 1934

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3Cited by30 opinions

  1. Porter v. Com.Supreme Court of Virginia · 2008
  2. Berryhill v. Georgia Community Support & Solutions, Inc.Supreme Court of Georgia · 2006
  3. Bowling v. CommonwealthCourt of Appeals of Virginia · 2007
  4. Joshua Saquan Maurice Eley v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2019
  5. Young v. Com.Supreme Court of Virginia · 2007

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