Marttila v. City of Lynchburg
Court of Appeals of Virginia
1Opinion of the Court
ELDER, Judge.
Brent David Marttila (appellant) appeals from his bench trial conviction for using violent, abusive language under circumstances reasonably calculated to provoke a breach of the peace in violation of Lynchburg Ordinance 27-13. 1 On appeal, appellant contends the court erroneously (1) convicted him of violating Code § 18.2-416 even though he was charged with violating a Lynchburg ordinance and the Commonwealth did not move to amend the charge; and (2) concluded the evidence was sufficient to prove his behavior occurred in a face-to-face encounter and was likely to provoke an…
2Cases cited20 opinions
- Chaplinsky v. New HampshireSupreme Court of the United States · 1942
- City of Houston v. HillSupreme Court of the United States · 1987
- Terminiello v. ChicagoSupreme Court of the United States · 1949
- Martin v. CommonwealthCourt of Appeals of Virginia · 1987
- Lewis v. City of New OrleansSupreme Court of the United States · 1974
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3Cited by7 opinions
- Michael Thomas Wilson v. Barry A. Kittoe, and Anthony S. TokachCourt of Appeals for the Fourth Circuit · 2003
- Wilson v. KittoeDistrict Court, W.D. Virginia · 2002
- Wise v. CommonwealthCourt of Appeals of Virginia · 2007
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- Henry Johnson Lucas, Jr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2009
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