Legal Opinion · Dissent

McGowan v. Commonwealth

Court of Appeals of Virginia

Decided June 20, 2006No. Record 0412-05-1Published

1DissentFrank, J.

I respectfully disagree with the majority view that evidence of the July 13, 2004 incident was admissible. Thus, I would reverse the decision of the trial court and remand for a new trial.

ANALYSIS

The issue in this case is not whether the Commonwealth could question appellant as to her knowledge of crack cocaine. Instead, the issue is whether the Commonwealth could introduce evidence of appellant’s possession of crack cocaine on July 13, 2004. The Commonwealth argues that the evidence is admissible for either one of two purposes: (1) as part of the Commonwealth’s case-in-chief, to show…

2Cases cited25 opinions

  1. Spencer v. CommonwealthSupreme Court of Virginia · 1990
  2. LeVasseur v. CommonwealthSupreme Court of Virginia · 1983
  3. Kirkpatrick v. CommonwealthSupreme Court of Virginia · 1970
  4. Satcher v. CommonwealthSupreme Court of Virginia · 1992
  5. Coe v. CommonwealthSupreme Court of Virginia · 1986

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API