Legal Opinion

Marttila v. City of Lynchburg

Court of Appeals of Virginia

Decided October 24, 2000No. 2585993PublishedCited by 7 opinions

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

  1. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  2. City of Houston v. HillSupreme Court of the United States · 1987
  3. Terminiello v. ChicagoSupreme Court of the United States · 1949
  4. Martin v. CommonwealthCourt of Appeals of Virginia · 1987
  5. Lewis v. City of New OrleansSupreme Court of the United States · 1974

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3Cited by7 opinions

  1. Michael Thomas Wilson v. Barry A. Kittoe, and Anthony S. TokachCourt of Appeals for the Fourth Circuit · 2003
  2. Wilson v. KittoeDistrict Court, W.D. Virginia · 2002
  3. Wise v. CommonwealthCourt of Appeals of Virginia · 2007
  4. Farah Khakee v. David W. RodenbergerCourt of Appeals of Virginia · 2019
  5. Henry Johnson Lucas, Jr. v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2009

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