Legal Opinion · Dissent

Brooks v. Commonwealth

Court of Appeals of Virginia

Decided March 26, 2013No. Record No. 2708-10-1Published

1DissentHuff, J.

While I agree with the majority that the inclusion of exact page references to the transcript is required by the Rule, I believe the page references in this case were adequate to satisfy the exactitude requirement and alert us to the issues on appeal. Making “an exact reference” to the preserved error may fairly include the statement of the objection, the grounds asserted, the trial court’s ruling, and the noting of an exception (if required). If those facets of the issue comprise an entire transcript, as they did here, then citing to the entire transcript satisfies the Rule’s requirement of…

2Cases cited13 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Michigan v. LongSupreme Court of the United States · 1983
  3. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  4. Davis v. CommonwealthCourt of Appeals of Virginia · 2002
  5. Lansdown v. CommonwealthSupreme Court of Virginia · 1983

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